The  Handbook 
of  Architectu- 
ral  Practice 


LIBRARY 

THE  UNIVERSITY 
OF  CALIFORNIA 

SANTA  BARBARA 


PRESENTED  BY 
Glen   G.    Mosher 


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TO      THE       MEMORY       OF 

FRANK  MILES  DAY 

OF       PHILADELPHIA 

UNDER  WHOSE  CONSTRUC- 
TIVE AND  ABLE  LEADER- 
SHIP THIS  HANDBOOK  WAS 
UNDERTAKEN  AND  WRIT- 
TEN AND  WHOSE  UNTIMELY 
DEATH  ALONE  PREVENTED 
HIM  FROM  CARRYING  IT 
TO  COMPLETION. 


A  HANDBOOK  OF 
ARCHITECTURAL  PRACTICE 


Issued  by  the  American  Institute  of  Architects 
for  use  in  connection  with  its  Standard  Documents 


1857     X 


1920 


PRESS    OF 

THE  AMERICAN  INSTITUTE  OF  ARCHITECTS.  IKC. 

THE  OCTAGON  HOUSE.  WASHINGTON.  D.  C. 


PURPOSE  OF  THE  HANDBOOK 

THIS  Handbook  is  intended  as  an  aid  to  proper  practice  and  efficient  business 
administration.  To  the  student  who  intends  to  make  architecture  his 
profession,  and  to  the  young  practitioner,  it  will  be  of  service  in  a  field  to 
which  experience  has  heretofore  been  the  only  guide;  while  to  the  architect  whose 
practice  is  fully  established,  it  may  offer  useful  suggestions.  To  the  Owner  it  should 
be  of  value  as  enabling  him  the  more  intelligently  to  cooperate  with  his  architect. 
It  is  hoped  that  the  Handbook  will  give  an  insight  into  methods  which  might 
elsewhere  be  sought  in  vain  and  that  it  will  aid  in  improving  and  standardizing 
common  practice. 

The  book  is  a  collection  of  practices,  each  one  of  which  may  somewhere  be  found 
m  use  and  many  of  which  are  everywhere  in  use.  Yet  it  must  be  said  at  the  outset 
that  no  architect,  however  highly  his  administrative  methods  may  be  developed, 
follows  all  the  steps  described  in  it,  and  that  even  though  there  may  be  many  that 
he  does  not  deem  it  necessary  to  follow,  he  may  still  conduct  his  practice  with  effi- 
ciency and  with  entire  loyalty  to  the  owner's  interests. 

The  young  architect  should  not  be  deterred  from  reading  the  Handbook 
because  it  deals  with  many  methods  that  are  unnecessary  in  his  practice;  for  as  that 
practice  grows  and  as  he  delegates  his  work  to  others,  he  will  find  much  to  aid  him 
in  it. 

Not  only  the  young  practitioner,  but  all  aichitects,  should  be  warned  against 
adopting  any  elaborate  and  intricate  system,  no  matter  how  well  devised,  unless 
required  by  and  adapted  to  the  character  and  volume  of  his  work. 

To  facilitate  the  application  of  the  methods  outlined  in  this  Handbook,  the 
Institute  publishes  a  document  entitled  "Agenda  for  Architects",  which  appears 
herein  as  Appendix  A. 


CONTENTS 

Part  I 

The  Architect  and  the  Owner 

1.  Various  forms  of  Architectural  Service. 

2.  The  Selection  of  an  Architect. 

3.  Methods  of  Paying  the  Architect. 

4.  The  Agreement  between  the  Owner  and  the  Architect 

5.  The  Employment  of  Engineers. 

6.  The  Architect's  Status. 

7.  The  Owner's  Duties. 

Part  II 

The  Architect's  Office 

8.  The  Office,  Its  Organization  and  Plan. 

9.  The  Outer  Office. 

Receipts  for  Prints,  Samples,  etc. 
The  Office  Diary 
Applications  from  Contractors. 
Applications  from  Draughtsmen. 

10.  The  Draughting  Room  and  Its  Methods. 

The  Work  Book. 

Originals,  Prints,  Revisions. 

Numbers  and  Titles  of  Drawings. 

The  Record  of  Drawings. 

The  Distribution  of  Prints  and  Record  Thereof. 

The  Care  of  Drawings. 

The  Book  of  Office  Standards. 

Office  Conferences. 

Visits  to  Buildings. 

11.  The  Business  Office  and  Its  System. 

The  Minute  Book  and  Agenda. 
Printed  Forms. 

Correspondence,  Records,  Filing. 
The  Duties  of  Members  of  the  Staff. 

12.  The  Accounts  of  the  Owner  and  His  Contractors. 

13.  Cost  Accounting. 

14.  Bookkeeping  for  Architects. 

Part  III 

Surveys,  Preliminary  Studies  and  Estimates,  Working  Drawings 

and  Specifications 

15.  The  Survey  and  Information  to  Be  Furnished  by  the  Owner. 

16.  The  Survey  of  an  Existing  Building. 


17-   Preliminary  Studies  and  Models. 

18.  Preliminary  Estimates. 

19.  The  Delivery  and  Acceptance  of  Preliminary  Studies. 

'1  he  Ordering,  Delivery,  and  Acceptance  of  Working  Drawings  and 
Specifications. 

20.  Working  Drawings. 

21.  Specifications. 

Part  IV 

The  Letting  of  Contracts 

22.  Competitive  Bidding. 

23.  Methods  of  Contracting  for  the  Execution  of  the  Work. 

Stipulated  Sum. 
Cost  Plus  Ece. 

24.  Letting  the  Work  under  One,  Several,  or  Many  Contracts. 

25.  Laws  Relating  to  Work  Paid  for  from  Public  Funds. 

26.  The  Quantity  System. 

27.  Invitation  to  Submit  a  Proposal. 

28.  Instructions  to  Bidders. 

29.  Form  of  Proposal. 

30.  Legal  Details  of  Agreements. 

31.  The  Standard  Contract  Documents  of  the  American  Institute    ot  Archi- 

tects. 

32.  Bonds  of  Suretyship. 


Part  V 

The  Execution  of  the  Work 

33.  On  Notifying  the  Owner  and  the  Contractor  of  Certain  Duties. 

34.  The  Schedule  of  Detail  Drawings  and  the  Schedule  of  Progress  of  the  Work. 

35.  The  Schedule  of  Values. 

36.  Shop  Drawings,  Schedules,  Supervision,  Superintendence,  and  Diagrams 

of  Progress. 

37.  Changes  in  the  Amount  of  Contract. 

38.  Applications  for  Payment. 

39.  Certificates  of  Payment. 

Part  VI 

The  Architect  and  the  Law 

40.  The  Architect  and  the  Law. 

License  to  Practice  (Registration). 
Agreement  as  to  Services. 
Liability  to  the  Owner. 


40.  The  Architect  and  the  Law — Continued. 

LiabiHty  to  the  Contractor. 

LiabiUty  to  Others  than  the  Owner  and  Contractor. 

LiabiHty  to  Know  the  Law. 

Mechanics'  Lien  Laws. 

The  Architect  as  a  Witness. 

41.  Architects'  Partnership  Agreements. 

Part  VII 

Documents  of  the  American  Institute  of  Architects 

A.  Agenda  for  Architects.    (Memorandaof  Procedure  and  Progress.) 

B.  A  Circular  of  Advice  Relative  to  Principles  of  Professional  Practice. 

C.  Architectural  Competitions, 

A  Circular  of  Advice  and  Information. 
C-i.  Standard  Form  of  Competition  Program. 

D.  Professional  Practice  of  Architects, 

Details  of  Service  to  be  Rendered, 
Schedule  of  Proper  Minimum  Charges. 

E.  The  Standard  Form  of  Agreement  between  Owner  and  Architect. 

F.  A  Form  of  Agreement  between  Owner  and  Architect  (on  the  fee-plus-cost 

system). 

G.  The  Fee-Plus-Cost  System  of  Charges. 

A  Description  of  the  Use  of  the  System. 

H.  Standard  Symbols  adopted  by  the  National  Electrical  Contractors'  Asso- 
ciation and  the  American  Institute  of  Architects. 

J.  The  Standard  Form  of  Agreement  between  Contractor  and  Owner  (when  a 
stipulated  sum  forms  the  basis  of  payment). 

K.  The  General  Conditions  of  the  Contract. 

L.  The  Standard  Form  of  Bond. 

M.  The  Standard  Form  of  Agreement  between  Contractor  and  Subcontractor. 

N.  Standard  Form  of  Acceptance  of  Subcontractor's  Proposal. 

O.  A  Form  of  Agreement  between  Contractor  and  Owner  (when  cost  plus  a  fee 
forms  the  basis  of  payment). 

P.  A  Circular  of  Information  Relative  to  the  Cost-Plus-Fee  System  of  Con- 
tracting for  Building  Construction. 

Q.  Constitution  and  By-Laws. 

R.  Standard  Form  of  Constitution  and  By-Laws  for  Chapters. 

S.  Information  Concerning  Requirements  for  Membership,  with  form  of 
Application. 

T.  Information  Concerning  Requirements  for  Associateship  with  a  Chapter  of 
the  American  Institute  of  Architects,  with  form  of  Application. 

U.  A  Circular  Relative  to  the  Size  and  Character  of  Advertising  Matter  In- 
tended for  Preservation  by  Architects. 

V.  Model  Form  of  Law  for  the  Registration  of  Architects. 

W.  Official  Institute  Documents  of  a  Permanent  Nature,  Titles  and  Prices. 


PREFACE  TO  THE  HANDBOOK 

IT  IS  as  a  fine  art  that  architecture  has  established  itself  in  the  hearts  of  men. 
If  it  had  been  merely  the  science  of  building  or  even  of  building  well,  its  appeal 
would  not  have  brought  to  it  minds  such  as  those  of  Ictinus  and  Michael 
Angelo.  To  good  building,  architecture  adds  high  qualities  of  the  imagination.  It 
disposes  of  masses  and  details  in  ways  that  arouse  us  by  their  beauty,  power  or 
dignity.  It  writes  the  record  of  civilization.  But  to  treat  of  architecture  as  an  art, 
this  Handbook  does  not  aspire. 

The  Architect,  though  primarily  an  artist,  must  still  be  the  master,  either  in 
himself  or  through  others,  of  all  the  applied  sciences  necessary  to  sound  and  economic 
building,  sciences  that  have  generated  and  that  attempt  to  satisfy  many  of  the 
exacting  and  complex  demands  of  modern  life.  But  it  is  not  with  construction  nor 
engineering  nor  with  the  choice  of  materials  that  this  Handbook  deals. 

The  Architect,  by  expressing  his  ideas  in  forms  and  words  of  exact  contractual 
significance,  by  controlling  machinery  for  their  embodiment,  by  giving  just  decisions 
between  conflicting  interests,  by  bearing  himself  as  worthy  of  his  high  calling,  gives 
to  his  art  the  status  of  a  profession.  It  is  with  that  aspect  of  the  Architect's  work, 
professional  practice  and  its  servant,  business  administration,  that  this  Handbook  is 
concerned. 

The  Architect  must  play  the  role  of  creative  artist,  sound  constructor,  profes- 
sional adviser,  business  administrator,  and  fearless  judge.  Unless  endowed  with  such 
varied  talents  as  are  rarely  to  be  found  in  one  man,  he  associates  with  himself  others 
differently  gifted.  While  architecture  as  a  fine  art  is  an  individual  effort,  architec- 
ture as  a  profession  is  generally  a  cooperative  undertaking. 

The  Architect,  having  agreed  to  act  as  the  Owner's  professional  adviser,  must, 
if  their  interests  be  in  conflict,  put  the  Owner's  above  his  own.  His  duties  place  him 
in  a  professional  rather  than  a  commercial  relation  to  contractors,  to  his  assistants, 
to  his  fellow  architects,  and  to  the  public. 

The  Architect  owes  his  client  a  competent  management  of  business  affairs, 
whether  large  or  small,  for  a  small  loss  to  the  owner  of  a  small  building  may  be  just 
as  grievous  as  a  large  loss  to  the  owner  of  a  large  building.  Good  management  is 
vital,  for,  granting  the  work  to  have  been  skilfully  designed  and  wisely  specified,  its 
swift  and  proper  execution  depends  in  no  small  part  on  the  Architect's  ability  as  an 
administrator.  The  effectiveness  with  which  he  conducts  the  routine  of  extras  and 
omissions,  of  applications  for  payment,  of  issuance  of  certificates,  facilitates  the 
complex  processes  of  building  just  as  a  lax  administration  clogs  them.  Expert 
management  of  innumerable  details  conduces  not  merely  to  getting  the  utmost  for 
the  Owner's  money,  but  leads  to  the  avoidance  of  those  misunderstandings  between 
Owner,  Architect  and  Contractor  that  so  often  embitter  relations,  which,  under 
skilful  guidance,  might  be  those  of  confidence  and  mutual  respect. 

An  office  system  is  a  good  servant  but  a  bad  master.  If  it  exacts  minute  and 
rigid  detail,  it  defeats  its  own  purpose.  Yet,  as  the  Architect's  work  year  by  year 
grows  more  complex,  it  can  be  dealt  with  only  by  an  efficient  organization,  con- 
stantly evolving  in  harmony  with  new  methods  of  business  management. 

The  idea  that  the  Architect's  creative  freedom  will  be  hampered  by  such  an 
organization  is  entirely  erroneous.  If  he  relieve  himself  of  the  burden  of  business 
detail,  the  designer  will  be  the  freer  to  exert  his  creative  and  artistic  talents. 


THE  ARCHITECT  AND  THE  OWNER 


Part  I 

THE  ARCHITECT  AND  THE  OWNER 

Chm'Ti;r  One 
Various  Forms  of  Architectural  Service 


Architects  are  employed  in  sundry  capacities  as: 

Executive  Architect. — As  such,  the  Architect's  com- 
plete professional  services  comprise: 

[a)  Making  preliminary  studies  of  the  problem, 
the  results  being  expressed  in  a  report  oi 
more  frequently  in  the  form  of  a  sketch  or 
sketches  for  a  design; 

{b)  The  preparation  of  working  drawings,  speci- 
fications and  detail  drawings; 

(f)  Drafting  forms  of  proposals  and  contracts, 
issuing  certificates  of  payment,  keeping 
accounts  and  carrying  on  the  business 
administration  incident  to  the  conduct  of 
the  work. 

{d)  The  supervision  of  the  work  as  it  is  executed. 

It  is  of  the  work  of  the  Executive  Architect  that 
this  Handbook  treats. 

Supervising  Architect. — Where  several  Architects 
have  to  be  employed  at  the  same  time  or  successively 
in  an  executive  capacity,  it  is  usual  to  employ  a 
Supervising  Architect  to  preside  over  their  work, 
with  a  view  to  insuring  harmony  of  purpose,  design, 
and  action.  Sometimes  the  general  plan  of  an  insti- 
tution is  prepared  by  an  Architect,  who  afterwards 
supervises  the  work  of  several  others  charged  with 
the  design  and  execution  of  the  several  units.  The 
Supervising  Architect,  if  a  man  of  ability  and  force, 
can  secure  a  continuity  of  policy  extending  over  a 
period  of  years,  free  from  vagaries  incident  to  the 
changing  composition  of  Boards  of  Directors  or 
Building  Committees.  He  can  advise  in  the  selection 
of  Executive  Architects,  establish  and  maintain  a 
definite  policy  and  point  out  the  danger  of  that 
opportunism  in  the  choice  of  sites,  materials,  and 
architectural  styles  which  is  so  often  fatal  to  large 
undertakings  extendmg  over  many  years. 

Consulting  Architect. — Sometimes  the  work  of  an 
Executive  Architect  is  supplemented  by  that  of  a 


Consulting  Architect,  who  is  presumed  to  have 
greater  knowledge  of  the  problem,  or  of  some  phase 
of  it,  than  has  the  Executive  Architect  himself.  His 
advice  may  be  confined  to  a  single  subject,  but  he  is 
more  freciuenrly  a  general  consultant,  giving  advice 
during  the  preparation  of  the  sketches,  influencing 
the  work  upon  drawings  and  specifications,  keeping 
in  touch  with  questions  of  administrative  policy, 
and  even  visiting  the  building  during  its  construc- 
tion. Like  the  medical  consultant,  his  fee  is  paid 
by  the  client,  and  is  not  deductible  from  that  of 
the  Executive  Architect. 

Associated  Architects. — Sometimes  when  it  appears 
desirable  to  secure  the  services  of  two  or  more  archi- 
tects, and  to  establish  a  closer  link  than  that  between 
the  Executive  and  Consulting  Architects,  such  men 
associate  themselves  with  a  view  of  acting,  for  the 
time  being,  as  a  unit  in  an  executive  capacity.  The 
association  amounts  to  a  temporary  partnership. 
Such  arrangements  often  arise  when  the  Owner 
desires  the  services,  as  designer,  of  an  architect  re- 
mote from  the  site  of  the  work,  while  he  wants,  in 
business  management  and  supervision,  those  of  one 
resident  near  the  work.  It  is  obvious  that  since  the 
Owner  requires  the  services  of  two  or  more  archi- 
tects, and  since  such  associations  are  not  always 
without  difficulty  and  increased  expense,  he  should 
pay  the  Associated  Architects  a  fee  greater  than 
that  customary  in  the  employment  of  a  single  one. 

Occasional  Employment. — The  Architect  is  some- 
times employed  as  an  expert  witness;  sometimes  as 
an  arbitrator;  sometimes  to  report  upon  the  condi- 
tion of  an  existing  building,  or  upon  the  possible 
development  of  a  property;  sometimes  by  an  insti- 
tution making  a  loan  for  the  erection  of  a  building, 
to  guard  its  interest  in  the  work;  sometimes  the 
Architect  is  retained  as  expert  in  charge  of  the  con- 
duct of  an  architectural  competition,  or  as  a  member 
of  the  jury  of  award. 


13 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


Chapter  Two 

The  Selection  of  an  Architect 


Two  clearly  defined  methods  of  choosing  an 
Architect  are  in  use:  one,  by  direct  selection;  the 
other,  by  competition. 

Direct  Selection. — The  method  of  direct  selection 
is  that  by  which  the  Owner,  presumably  after  careful 
inquiry  and  consideration,  appoints  an  Architect. 
Such  appointments  are,  however,  frequently  made 
without  due  care  and  through  accidental  or  tem- 
porary influences,  such  as  acquaintance  or  relation- 
ship; or  on  account  of  acts,  such  as  solicitation  of 
the  work,  which  should  in  themselves  be  a  bar  to  its 
award. 

The  Owner  should  give  careful  thought  to  the 
selection,  since  his  interests  depend  so  directly  upon 
it.  The  Owner  commits  the  expenditure  of  his  money 
to  the  Architect,  and  though  he  may  think  he  is  in 
control  of  the  situation,  he  is  in  a  large  measure 
helpless  as  to  the  way  in  which  it  is  spent.  In  fact, 
he  depends  for  a  successful  result  almost  as  much  on 
his  Architect  as  does  the  patient  on  his  surgeon.  It 
is,  therefore,  of  the  utmost  importance  that,  before 
reaching  a  decision,  he  should  make  careful  inquiries 
along  several  lines,  as,  for  instance: 

(a)  Has  the  Architect  under  consideration  the 
experience  necessary  for  the  work  in  hand  1 

{b)  Has  he  the  technical  knowledge  needed  to 
control  the  design  of  the  highly  complex 
structure  and  equipment  of  a  modern 
building,  and  to  secure  the  best  results 
without  waste  of  space  or  money? 

(f)  Has  he  executive  ability  and  the  force  to 
compel  the  proper  performance  of  con- 
tracts? 

{d)  Has  he  successfully  done  work  of  like  character 
or  work  from  which  his  ability  properly  to 
serve  the  Owner  may  be  inferred  ? 

{e)  Has  he  such  honesty  and  incorruptibility  as 
are  essential  to  the  Owner's  safety? 


In  brief,  has  the  Architect  established  to  the 
Owner's  satisfaction  his  fitness,  above  others,  to 
design  the  work  and  to  control  its  execution? 

As  an  aid  to  the  direct  selection  of  an  Architect, 
the  Owner  sometimes  invites  several  to  submit 
statements  of  their  training  and  qualifications,  with 
a  list  and  photographs  of  their  more  important 
works,  as  well  as  references  to  those  for  whom  they 
have  erected  buildings.  With  these  before  him, 
the  Owner,  either  alone  or  with  professional  advice, 
makes  his  selection. 

Notwithstanding  the  foregoing  statement,  a  plea 
ought  in  fairness  to  be  made  for  entrusting  works  of 
minor  importance  to  the  young  practitioner,  who 
naturally  finds  the  first  step  the  most  difficult.  It 
should  be  borne  in  mind  that  from  time  to  time 
men  who  have  spent  many  years  as  assistants,  men 
who  have  had  long  experience  and  are  entirely 
qualified,  commence  practice.  They  should  not  be 
discriminated  agamst  merely  because  they  have  had 
no  opportunity  to  erect  buildings  in  their  own  name. 

Competition. — Competitions  are  instituted  to 
enable  the  Owner  to  choose  an  Architect  through  a 
comparison  of  solutions  of  the  problem,  submitted 
by  sundry  competitors.  Of  late,  competitions  have 
become  less  and  less  frequent.  The  method  is  now 
rarely  employed,  except  for  public  work,  for  which  it 
is  sometimes  required  by  law  and  in  case  of  which 
it  offers  a  safeguard  against  favoritism  in  the 
appointment. 

If  a  competition  is  necessary,  it  can  be  made 
successful  only  by  conducting  it  upon  such  fair  and 
equitable  lines  as  conserve  the  interests  of  both 
Owner  and  competitors.  The  subject  is  fully  treated 
in  the  Institute's  "Architectural  Competitions,"  and 
in  the  "Standard  Form  of  Competition  Program," 
(Appendix  C  and  Appendix  Ci.) 


Chapter  Three 

Methods  of  Paying  the  Architect 


There  are  three  methods  under  which  Architects 
ordinarily  are  compensated.  Under  the  first,  the  one 
most  frequently  in  use,  the  Architect  is  paid  a  per- 
centage of  the  final  cost  of  the  work  executed  from 


his  designs  and  is  reimbursed  certain  expenses. 
Under  the  second  he  is  paid  a  fee  for  his  services  and 
is  reimbursed  all  his  expenses.  Under  the  third  he 
receives  a  salary. 


14 


THE  ARCHITECT  AND  THE  OWNER 


The  Percentage  Method. — The  document  known  as 
"The  Schedule  of  Charges  of  the  American  Insti- 
tute of  Architects,"  (Appendix  D)  deals  with  the 
method  of  paying  the  Architect  for  his  services  a  per- 
centage of  the  cost  of  the  work.  It  is  a  schedule  of 
charges  only  in  its  first  few  paragraphs.  It  soon 
becomes  a  statement  of  professional  practice  con- 
sonant with,  hut  less  complete  than,  the  similar 
statements  contained  in  the  Institute's  "Standard 
Form  of  Agreement  between  Owner  and  Architect," 
(Appendix  E). 

Even  as  a  schedule  of  charges  the  document  is  not 
of  a  very  precise  nature.  It  indicates  that  the  basic 
percentage  under  ordinary  circumstances  is  six,  but 
that  there  are  many  cases  in  which  it  is  greater. 
The  percentage  necessarily  varies  under  different 
circumstances,  since  the  Architect's  fee,  like  that  of 
any  professional  man,  must  depend  upon  his  skill, 
experience  and  standing,  upon  the  character  and 
location  of  the  work  to  be  done,  as  well  as  upon  the 
kind  and  cost  of  the  services  to  be  rendered.  There- 
fore, to  base  the  Architect's  fee  upon  an  unvarying 
percentage  of  the  cost  of  the  work  is  neither  reason- 
able nor  equitable;  but  since  that  method  has  long 
been  and  is  still  largely  in  use,  the  Institute  names  a 
certain  rate  lower  than  which,  in  ordinary  cases, 
competent  and  complete  services  are  not  to  be 
expected. 


As  illustrative  of  the  way  in  which  fees  vary,  it  is 
usual  to  charge  8  to  lo  per  cent  for  the  Architect's 
services  in  connection  with  dwelling  houses  and  lo 
per  cent  or  more  for  alterations  to  existing  buildings. 
In  the  hands  of  Architects  best  qualified  to  design 
them,  churches  bear  a  commission  of  jyi  per  cent, 
and  chancel  furniture  lo  to  20  per  cent.  Buildings 
with  complicated  equipment,  such  as  laboratories, 
bear  a  higher  rate  than  (>  per  cent,  or,  if  taken  at  that 
rate,  their  equipment  should  be  charged  separately 
at  a  much  higher  rate. 

The  Fee-Plus-Cost  Method. — Under  the  second 
method  of  paying  the  Architect,  he  is  reimbursed 
the  entire  cost  of  his  work  and  is  paid  for  his  own 
services  a  fixed  fee,  or  in  some  cases,  a  commission 
upon  the  cost  of  the  work.  This  method  is  not  ex- 
plained at  length  here,  since  an  explanation  of  it  will 
be  found  in  the  Institute's  "Circular  of  Information 
Relating  to  the  Fee-Plus-Cost  System  of  Charging 
for  Professional  Services"  (Appendix  G),  and  in  the 
Institute's  "Form  of  Agreement  between  Owner  and 
Architect,  on  the  Fee-Plus-Cost  System"  (Ap- 
pendix F). 

The  Salary  Method. — Under  the  third  method  the 
Architect  is  paid  a  salary.  All  the  expenses  of  his 
office  are  paid  by  his  employer,  which  is  usually  a 
body  politic  or  corporate. 


Chapter  Four 

Agreement  Between  Owner  and  Architect 


A  clear  understanding  between  Owner  and  Archi- 
tect as  to  their  relations  and  obligations  is  of  utmost 
importance.  So  many  unforeseen  situations  may 
arise  during  the  designing  and  erection  of  a  building 
that  neither  a  verbal  agreement,  even  though  it  were 
not  void  in  law  as  applied  to  engagements  for  services 
lasting  more  than  one  year,  nor  a  mere  exchange  of 
letters,  is  an  adequate  guarantee  against  misunder- 
standings. 

The  strange  timidity  that  Architects  display  in 
informing  clients  of  their  charges,  and  their  willing- 
ness to  go  forward  without  any  understanding  what- 
ever, are  discreditable  to  them  as  men  of  affairs. 
Such  conduct  leads  to  misunderstandings,  disputes, 
and  litigation. 

A  client  who,  for  lack  of  an  agreement  with  his 
Architect,  felt  himself  injured  by  the  outcome  wrote: 

"This  apparent  delicacy  (or  laxity)  on  the  part  of  architects 
to  state  their  business  methods  in  terms  of  money  is  as  ridiculous 


as  it  is  childish.  Every  other  reputable  business  covers  its 
transaction  by  some  form  of  agreement,  and  the  buyer  knows 
befon  he  buys  just  what  the  article  or  service  will  cost  or  on  what 
basis  the  service  will  be  figured." 

The  lack  of  a  well-prepared  form  of  agreement  is 
the  most  fertile  source  of  litigation  for  Architects. 
One  who  contemplates  taking  his  chances  of  com- 
pensation without  having  a  written  agreement,  or 
under  a  conditional  form  of  employment,  should 
follow  the  ramifications  of  this  subject  in  T.  M. 
Clark's  "Architect,  Owner  and  Builder  before  the 
Law,"  in  W.  L.  Bowman's  articles  in  the  Brickbuilder 
for  1911  and  1913,  or  in  Blake's  "The  Law  of  Archi- 
tecture and  Building." 

There  are  many  improper  forms  of  conditional 
employment  under  which  the  Architect  does  pre- 
liminary work  without  payment,  his  employment  not 
taking  place  until  certain  conditions,  often  quite 
beyond  his  own  control,  are  fulfilled.  The  author- 
ities cited  above  treat  also  of  these  conditions. 


IS 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


A  not  unusual  form  of  agreement  consists  of  an 
offer  from  the  Architect  to  perform  services  in  ac- 
cordance with  the  Institute's  Schedule  of  Charges 
(Appendix  D).  The  Owner's  acceptance  of  such  an 
offer  constitutes  a  contract,  but  as  the  schedule  is 
indefinite  as  to  rates  of  commission  and  omits  to 
mention  certain  important  matters,  it  is  far  wiser  to 
base  a  contract  upon  one  or  the  other  of  the  forms  of 
agreement  between  Owner  and  Architect  issued  by 
the  Institute.  These  forms  embody  many  years' 
experience.  Their  provisions  are  clear  and  equitable. 
They  define  the  relations  of  Owner  and  Architect  in 
many  situations  not  unlikely  to  occur  but  not  likely 
otherwise  to  be  precisely  defined  in  advance.  They 
represent  well-accepted  practice  and  remove  the 
details  of  the  matter  from  debate.  They  are  par- 
ticularly a  protection  to  public  officials  or  officers  of 
corporations  signing  them,  since  they  are  evidence 
that  such  officials  or  officers  have  followed  fully 
established  and  well-authenticated  methods. 

When  a  percentage  forms  the  basis  of  the  Archi- 
tect's compensation,  the  Institute's  "Standard  Form 
of  Agreement  between  Owner  and  Architect"  (Ap- 
pendix E)  should  be  used. 

In  filling  out  that  Form  of  Agreement  the  following 
matters  should  be  borne  in  mind : 

(a)  While  the  Schedule  of  Charges  (.Appendix  D)  states  that 
on  furniture,  decorative  and  cabinetwork,  and  on  landscape 
architecture,  it  is  proper  to  make  a  higher  charge  than  "the  basic 
rate,"  no  mention  of  that  subject  occurs  in  the  Agreement,  and, 
if  let  as  a  part  of  one  general  contract,  the  Architect  would  not 


be  entitled  to  a  percentage  on  those  subjects  higher  than  the  basic 
rate.  Nevertheless,  as  such  things  would,  under  proper  manage- 
ment, be  let  as  separate  contracts,  they  would,  under  Article  4 
of  the  Agreement,  be  subject  to  a  commission  4  per  cent  greater 
than  the  basic  rate.  If  this  is  not  satisfactory  to  Owner  and 
Architect,  they  should  cover  the  matter  by  a  special  stipulation 
written  on  the  blank  lines  of  the  Agreement. 

(b)  If  it  be  known  at  the  time  of  signing  the  Agreement  that 
the  Owner  will  employ  a  clerk  of  the  works,  then  the  words,  "when 
authorized  by  the  Owner"  should  be  stricken  from  Paragraph  2 
of  Article  9  of  the  Agreement. 

(f)  Article  14  on  arbitration  is  valid  under  the  law  of  many 
states,  but  certain  of  them  have  special  laws  with  which  that 
Article  is  not  in  harmony.  It  is  therefore  important  that  if  it  is 
not  valid  in  the  State  in  which  the  work  is  to  be  done,  it  be  modified 
to  make  it  so. 

The  form  of  Agreement  used  when  the  Architect  is 
to  be  paid  a  fee  plus  cost  is  contained  in  the  Insti- 
tute's "Form  of  Agreement  between  Owner  and 
Architect  on  the  Fee-Plus-Cost  System"  (Appen- 
dix F),  of  which  a  description  and  explanation  are 
contained  in  a  Circular  of  the  Institute  (Appen- 
dix G). 

The  idea  that  an  Owner  will  take  offense  if  asked 
to  sign  a  printed  form  of  agreement  is  usually  ground- 
less, but  if  the  Architect  thinks  it  unwise  to  offer  one, 
he  may  embodj'  his  terms  in  a  letter  or  written  state- 
ment to  the  Owner,  which,  when  accepted,  becomes 
the  basis  of  agreement.  From  such  a  statement  the 
Architect,  not  seeing  their  immediate  applicability, 
is  tempted  to  omit  certain  items  of  the  printed 
forms.  Such  omissions  are  likely  to  give  rise  to  sub- 
sequent misunderstandings. 


Chapter  Five 

Employment  of  Engineers  and  Other  Consulting  Specialists 


Construction  is,  and  always  must  be,  the  essence  of 
any  vital  architecture.  The  Greek  Architect  thought 
of  his  building  in  terms  of  shafts  supporting  beams; 
the  Roman  Architect  added  the  arch,  the  vault,  and 
the  dome;  while  the  Medieval  Architect  conceived 
his  whole  work  as  a  great  structural  frame,  in  a 
manner  more  frank  and  obvious  than  that  applied 
to  the  modern  fireproofed  steel  frame,  the  controlling 
factor  in  much  of  our  current  design.  The  Architect 
therefore  must  know  his  "anatomy"  or  he  becomes  a 
mere  decorator. 

A  new  element  entered  the  practice  of  architecture 
with  the  remarkable  development  of  the  applied 
sciences  during  the  latter  half  of  the  nineteenth 
century.  The  scientific  application  of  heating  and 
ventilating   to   buildings,   with   the    accompanying 


mechanical  power  for  their  operation,  the  many  uses 
of  electricity  requiring  complex  equipment,  the  great 
expansion  of  the  science  of  plumbing,  and  the  inven- 
tion of  the  elevator,  which  lifted  the  skyline  of  build- 
ings far  above  the  reach  of  public  water-supply  and 
fire-fighting  equipment  and  created  problems  for  the 
hydraulic  and  other  engineers;  these,  together  with 
sanitary  and  other  problems,  required  for  their  de- 
velopment and  intelligent  application  professional 
specialists  who  could  give  their  entire  time  to  the 
study  and  advancement  of  these  sciences.  So  highly 
specialized  are  these  subjects  that  technical  schools 
and  universities  devote  separate  courses  to  them,  and 
degrees  are  given  in  mechanical  and  electrical  en- 
gineering and  kindred  subjects. 


16 


THK  ARt'Ill'lECI"  AND    I  UK  (JWNER 


As  a  lof^ical  sociuetuc,  the  Archirtct  finds  himself 
in  much  the  same  position  as  a  general  practitioner 
in  medicine.  While  he  is  responsible  for  the  success 
of  his  work  as  a  whole,  he  must  know  when  to  consult 
with  a  specialist  if  he  would  have  every  detail  reflect 
the  best  practice  in  each  special  field.  Few  Archi- 
tects' offices  exist  where  the  volume  of  work  warrants 
inchidinp;  in  the  permanent  organization  all  of  these 
engineering  experts,  either  as  members  of  the  firm  or 
among  their  regular  assistants.  Experience  shows 
that  it  is  wiser  for  the  Architect  to  recommend  the 
emi^loyment  of  outside  professional  engineers  rather 
than  to  attempt  to  render  directly  a  service  for  which 
he  is  not  fully  qualified. 

The  Owner,  not  accustomed  to  the  practice  of  the 
profession,  is  surprised  to  find  that  he  is  expected  not 
merely  to  pay  the  Architect  a  commission  on  the 
entire  cost  of  the  work,  but  that  he  is  also  to  re- 
imburse the  Architect  the  charges  of  engineers  for 
heating,  ventilation,  mechanical  plant  and  electrical 
work;  and  he  would  like  to  know  why  this  is  so.    It 


would  be  a  very  simple  matter  if  the  Architect  de- 
signed the  building  regardless  of  the  technical  equip- 
ment, and  the  technical  expert  designed  his  equip- 
ment regardless  of  the  Architect's  design.  The  work 
of  each  would  doubtless  be  satisfactory  if  considered 
by  itself  and  each  would  be  paid  only  for  the  work 
entrusted  to  him,  but  if  the  Architect  has  not  found 
a  place  for  every  part  of  the  engineer's  equipment 
(and  to  do  so  without  endangering  any  part  of  the 
structure,  or  interfering  with  its  proportions  and 
appearance,  taxes  his  ingenuity  to  the  limit),  the 
work  will  be  a  failure.  This  additional  service 
necessary  to  coordinate  all  the  work,  a  service  essen- 
tial to  its  success  as  a  whole,  and  frequently  requiring 
prolonged  study  of  what  would  otherwise  be  a  simple 
pier,  floor,  or  other  member,  or  the  abandonment  and 
restudy  of  an  important  part  of  the  design,  is  com- 
pensated for,  to  some  extent  at  least,  by  the  com- 
mission paid  to  the  Architect  on  the  cost  of  the  tech- 
nical equipment,  in  addition  to  the  commission  paid 
to  the  expert. 


Chapter  Six 

The  Architect's  Status 


The  Architect's  position  is  one  of  trust  and  con- 
fidence, and  it  is  fundamental  that  he  should  act  in 
absolute  and  entire  good  faith  throughout.  Ob- 
viously he  must  have  no  pecuniary  interest  other 
than  that  arising  from  his  agreement  with  the  Owner. 
His  relation  to  the  Owner  bears  some  likeness  to  that 
of  the  physician  to  his  patient  or  of  the  attorney-at- 
law  to  his  client;  each  is  chosen  because  he  is  assumed 
to  possess  skill  and  ability  in  his  calling. 

As  a  master  of  his  own  art  and  of  the  arts  and 
sciences  allied  to  it,  the  Architect  owes  to  them  and 
to  himself  an  obligation  not  to  violate  their  canons. 
Just  as  the  physician  should  refuse,  even  at  the 
patient's  solicitation,  to  treat  his  case  in  a  manner 
medically  unsound,  or  as  the  lawyer  should  refuse 
to  bring  or  defend  an  action  under  conditions  re- 
pellent to  the  moral  sense,  so  the  Architect  should 
refuse  to  lend  himself  to  the  erection  of  an  unsafe, 
unsanitary,  inconvenient,  or  unsightly  structure. 
Such  an  obligation  may,  under  certain  conditions, 
require  him  to  give  up  his  employment. 

As  Adviser. — The  Architect  is  primarily  the 
Owner's  professional  adviser.  He  so  acts  in  advising 
the  Owner  how  best  his  problem  may  be  solved,  in 
informing  him  of  the  probable  cost  of  the  work,  in 


selecting  methods  and  materials  of  construction,  and 
in  numerous  other  ways.  That  relation  continues 
as  long  as  his  employment  lasts. 

As  Agent. — In  dealing  with  other  persons  on  behalf 
of  the  Ov\Tier,  the  Architect,  the  courts  hold,  is  the 
agent  of  the  Owner.  Where  the  Owner  has  not 
exactly  defined  the  authority,  it  is  determined  by  the 
general  law  of  agency,  by  the  known  customs  of 
architectural  practice,  by  the  acts  of  the  Owner  and 
Architect,  and  by  the  circumstances  of  the  case.  It 
is  therefore  subject  to  great  uncertainty. 

A  general  grant  of  authority  as  to  all  matters  con- 
nected with  the  work  may  be  necessary  where  the 
Owner  is  to  be  absent  from  the  country  while  the 
work  is  going  on.  Its  acceptance  by  the  Architect 
involves  large  responsibilities  and  contains  oppor- 
tunity for  later  disagreements.  It  should  be  accepted 
only  when  necessary  or  when  in  accordance  with 
settled  local  practice.  Even  when  granted,  the 
Owner  should,  if  practicable,  be  consulted  on  any 
unusual  conditions  arising. 

It  is  wiser  that  the  Architect's  powers  should  be 
clearly  defined  and  strictly  limited,  as  is  done  in  the 
Institute's  "General  Conditions  of  the  Contract" 
(.'\ppendix  K).     The  terms  of  such  an  express  but 


17 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


limited  agency  must  be  strictly  followed,  even  if 
contrary  to  established  practice.  Any  departure 
therefrom  risks  the  personal  liability  of  the  Architect. 
(See  "General  Conditions  of  the  Contract"  Article  9, 
Appendix  K.) 

For  an  excellent  discussion  of  the  whole  question, 
see  the  Chapter  on  the  Architect  as  Agent  of  the 
Owner  in  "The  Law  of  Architecture  and  Building," 
by  Clinton  H.  Blake,  Jr. 

As  Jiidge  or  Arbitrator. — As  soon,  however,  as 
a  contract  has  been  executed  between  the  Owner  and 
a  Contractor  by  the  terms  of  which  the  Architect 
becomes  the  official  interpreter  of  its  conditions  and 
the  judge  of  its  performance,  the  Architect  is  thereby 
given  a  new  status  quite  different  from  either  that  of 
professional  adviser  to  or  agent  of  the  Owner.  In 
this  new  status  it  is  incumbent  on  him  to  side  neither 
with  the  Owner  nor  with  the  Contractor,  but  to  use 
his  powers  under  the  contract  to  enforce  its  faithful 
performance  by  both  parties.     (See  Article  i  of  the 


Institute's  Circular  of  Advice  Relative  to  Principles 
of  Professional  Practice,"  Appendix  B,  also  Part  VII 
Appendix  K,  Article  10,  The  Architect's  Decisions.) 

It  will,  therefore,  be  perceived  that  in  acting  under 
the  Standard  General  Conditions  of  the  Contract 
(Appendix  K),  the  Architect  renders  most  of  his 
decisions  as  an  arbitrator.  To  be  sure,  he  is  an 
arbitrator  only  in  the  first  instance,  since  the  General 
Conditions  provide,  in  Articles  10  and  45,  for  an 
appeal  to  other  arbitrators,  previously  unconnected 
with  the  matter.  Even  in  such  circumstances,  and 
especially  in  cases  in  which  the  Architect  gives  the 
final  judgment,  it  is  incumbent  on  him  to  act  with 
the  greatest  care,  fairness  and  deliberation,  appoint- 
ing times  and  places  for  hearings  and  couching  the 
award  in  well-considered  language. 

The  Architect  will  do  well,  in  this  connection,  to 
read  "The  Architect  as  Arbitrator,"  by  William  L. 
Bowman,  in  the  Brickbuilder  for  August  1913, 
page  187. 


Chapter  Seven 
The  Owner  s  Duties 


Not  every  Owner  realizes  that  he  owes  duties  to 
the  Architect  other  than  the  payment  of  bills.  Per- 
haps the  highest  of  these  duties  is  the  unwritten  one 
of  sympathetic  cooperation,  without  which  it  is 
hardly  to  be  expected  that  the  Architect  will  produce 
his  best  work  or  feel  a  sustained  devotion  to  his 
client's  interest. 

The  Owner  should  clearly  state  the  requirements 
of  his  problem  and  should  frankly  name  the  amount 
that  he  is  willing  to  spend.  Concealment  in  such  a 
matter  naturally  sets  up  distrust  of  him  in  the 
Architect's  mind. 

It  is  one  of  the  duties  of  the  Owner  to  furnish  the 
Architect  with  full  information,  legal  and  topo- 
graphical, about  the  building-site.  This  is  summed 
up  in  the  Institute's  Standard  Form  of  Agreement 
between  Owner  and  Architect"  (Appendix  E),  as 
follows: 

"The  Owner  shall  furnish  the  Architect  with  a  complete  and 
accurate  survey  ot  the  buildlng-slte,  giving  the  grades  and  hues 
of  streets,  pavements,  and  adjoining  properties,  the  rights,  restric- 
tions, easements,  boundaries,  and  contours  of  the  bullding-slte, 
and  full  information  as  to  sewer,  water,  gas,  and  electrical  service." 

Many  instances  of  trouble  and  expense  due  to  the 
failure  of  the  Owner  to  furnish  complete  and  accurate 
information  might  be  cited,  but  one  will  suffice: 


In  a  recent  case,  the  Owner  furnished  the  Archi- 
tect a  survey  covering  all  the  usual  data  and  such 
restrictions  as  were  of  record.  The  property,  how- 
ever, did  not  belong  to  the  company  erecting  the 
building,  but  had  been  leased  in  three  parcels  for 
ninety-nine  years.  The  leases  had  not  been  recorded. 
They  provided  that,  in  the  event  of  the  improvement 
of  any  parcel  in  conjunction  with  another,  the 
columns  were  to  be  so  located  on  the  dividing-line 
as  to  form  "party  columns."  The  Architects  pre- 
pared sketches  and  working  drawings  in  ignorance  of 
these  restrictions,  and  it  was  not  until  the  contract 
had  been  awarded  that  they  were  casually  notified 
that  the  columns  must  conform  to  the  lines  of  the 
several  parcels.  The  Owner  had  to  bear  the  cost  of 
remaking  the  drawings,  J^5,ooo,  and  the  necessary 
changes  in  the  building,  $84,000. 

The  Owner,  as  stated  in  his  Agreement  with  the 
Architect,  should  give  "thorough  consideration  to  all 
sketches,  drawings,  specifications,  proposals,  con- 
tracts and  other  documents  laid  before  him  by  the 
Architect."  Inattention  to  such  matters,  especially 
carelessness  in  studying  drawings  and  specifications, 
results  in  failure  to  understand  the  work  contracted 
for  and  in  disappointment  and  expense  when  the 
work  is  in  course  of  execution.     The  Owner  should 


18 


THE  ARCHITECrS  OFFICE 


bear  in  mind  that  drawings  and  specifications  are  the 
Architect's  language  and  that  through  them  he 
presents  his  thoughts  in  the  way  hest  suited  to  their 
exact  and  complete  expression.  If  the  Owner  cannot 
understand  any  part  of  the  drawings  or  specifications, 
he  should  ask  the  Architect  for  an  explanation. 

The  Owner's  duties  toward  his  contractors  and 
his  rights  under  his  contract  are  stated  in  their 
Agreement  and  in  the  General  Conditions  of  the 
Contract,  with  which  documents  he  should  make 
himself  conversant. 

Prompt  decisions,  too,  are  a  part  of  the  Owner's 
duty.  He  rarely  realizes  how  much  time  is  lost  while 
waiting  for  him  to  examine  papers  or  to  make  up  his 
mind  when  a  quick  decision  is  necessary. 

In  all  projects  of  importance  the  Owner  should 
place  the  advice  of  his  counsel  freely  at  the  Archi- 
tect's service,  and  the  Architect  should  freely  avail 
himself  of  such  advice.  When,  however,  the  Archi- 
tect is  acting  as  a  judge  of  the  preformance  of  a  con- 
tract or  is  making  a  decision  between  the  Owner's  and 
the  Contractor's  interest,  the  Architect  should,  if 
legal  advice  is  necessary,  consult  his  own  counsel. 


The  Owner,  whether  at  the  work  or  elsewhere, 
owes  it  to  the  Architect  and  the  Contractor,  not  to 
give  orders  to  the  Contractor  or  any  of  his  people. 
All  orders  should  be  given  through  the  Architect, 
otherwise  misunderstandings  and  confusion  result. 
Any  order  given  by  the  Owner,  unless  it  have  the  pro- 
tection afforded  by  the  Architect's  office,  is  likely  to 
be  construed,  and  often  justly  so,  as  an  order  for  an 
extra.  Grave  entanglements  at  the  time  of  final 
settlement  arise  from  such  incautious  actions  on  the 
part  of  the  Owner.  Even  in  cases  where  the  contract 
has  stated  that  no  order  was  to  be  valid  unless  given 
in  writing,  the  courts  have  held  that  the  giving  by  the 
Owner  to  the  Contractor  of  a  verbal  order  was  a 
waiver  of  any  special  requirement  as  to  its  form. 

The  Owner  does  not  generally  realize  how  difficult 
it  will  be  for  him  and  his  Architect  to  remain  on  a 
good  footing  from  the  making  of  the  first  studies 
to  the  completion  of  the  building  and  how  much 
reasonableness,  restraint,  and  tact  both  must  con- 
tinually exercise,  if  the  building  is  to  be  an  entire 
success  and  if  they  are  to  find  themselves  on  terms  of 
cordiality  at  its  finish. 


Part  II 

THE  ARCHITECT'S  OFFICE 

Chapter  Eight 
The  Oflce,     Its  Organization  and  Plan 


One  is  inclined  to  think  of  the  great  Architects  of 
past  time  as  achieving  their  results  through  their 
own  genius  and  by  their  unaided  efforts,  and  so, 
in  many  cases,  it  may  have  been.  A  great  work  of  art 
comes  as  a  rule,  from  a  single  brain,  but  even  before 
structures  had  reached  their  modern  complexity,  the 
cooperation  of  many  minds  in  the  design  and  execu- 
tion of  works  of  importance  was  well  established. 

With  the  inclusion  in  building  construction  of 
many  things  undreamed  of  by  our  ancestors,  has 
come  an  urgent  need  for  the  cooperation  of  men  of 
varied  talents.  Old  trades,  such  as  plumbing,  have 
taken  on  an  unsuspected  complexity.  New  and 
highly  specialized  trades  such  as  electrical  equip- 
ment have  come  into  being;  methods  of  construction 
requiring  great  skill  in  their  application,  such  as  the 


steel  skeleton  and  the  pneumatic  caisson,  have 
suddenly  appeared.  The  work  of  draughtsmanship 
and  specification  writing  has  reached  an  infinitely 
higher  standard  than  that  of  even  fifty  years  ago. 
Business  administration  must  be  carried  on  with  an 
alertness  and  exactitude  unknown  in  the  past.  All 
these  call  for  the  association  of  men  informed  in 
diverse  arts  and  sciences,  and  the  efficient  coordina- 
tion of  their  efforts  is  one  of  the  Architect's  chief 
concerns.  If  it  seem  a  mere  stroke  of  humor  to 
speak  of  the  modern  Architect  as  the  "Chairman  of  a 
Board  of  Experts,"  the  thought  is  none  the  less 
grounded  in  truth.  Some  one,  most  naturally  the 
Architect,  has  to  preside  over  and  coordinate  the 
sundry  forces  of  design,  supervision  and  business 
administration. 


19 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


The  Organization  of  the  Office 

If  one  were  asked  for  a  description  of  a  typical 
office  organization,  he  could  not  well  give  it;  since 
such  organizations  take  every  form,  from  that  in 
which  one  man  performs  the  functions  of  an  entire 
staff,  up  to  that  in  which  a  hundred  or  more  of  men 
and  women  constitute  the  working  force.  Even  the 
main  divisions  of  a  large  office  are  not  in  all  cases  the 
same,  since  they  depend  largely  upon  the  aptitudes 
and  interests  of  the  several  members  of  the  firm. 
However,  such  departments  as  the  following  are 
generally  found,  though  not  necessarily  all,  within 
the  Architect's  office : 

Architectural  Design,  with  chief  designer,  head 
draughtsman,  squad  captains,  draughtsmen,  libra- 
rian, custodian  of  drawings,  and  others. 

Engineering  Design,  with  structural,  heating  and 
ventilating,  electrical,  and  sanitary  engineers,  and 
their  draughtsmen. 

Specifications,  with  chief  specification  writer  and 
assistants. 

Supervision,  with  general  superintendent,  assis- 
tants and  clerks  of  the  works. 

Business  Administration,  with  manager,  secretary, 
stenographers,  file  clerk,  bookkeeper,  telephone 
operator,  messenger,  and  others. 

The  Pla?ining  of  the  Office 

For  the  same  reason  that  it  is  difficult  to  describe 
an  office  organization,  it  is  difficult  to  describe  the 
planning  and  arrangement  of  a  typical  office. 

The  Architect  may  occupy  a  single  small  room 
within  the  walls  of  which  he  may  find  space  for  all  of 


his  activities  or  he  may  need  an  entire  floor  or  whole 
building  of  his  own. 

In  any  large  office,  one  is  likely  to  find  some  or  all 
of  the  following  divisions: 

Entrance,  through  which  the  various  parts  of  the 
office  may  be  reached. 

Outer  Office,  where  visitors  are  first  received, 
whence  drawings  are  issued,  to  which  samples, 
shop  drawings,  and  so  forth,  are  delivered. 

Contractor's  Room,  where  drawings  may  be 
examined,  estimates  made,  conferences  held. 

Consultation  Room,  where  clients  and  committees 
are  received. 

Private  Office,  for  members  of  the  firm,  where  they 
may  make  sketches,  transact  business  or  see 
clients. 

Draughting-Room,  a  well  lighted  large  room  some- 
times divided  for  difl^erent  classes  of  work  or 
provided  with  alcoves  for  individuals. 

Specification  Room,  with  hanging  space  for  draw- 
ings, cabinets  for  catalogues,  and  so  forth. 

Plan-Room,  where  sketches,  drawings,  and  prints 
may  be  kept  in  safety  and  in  order. 

Library,  with  its  collection  of  books  and  photo- 
graphs. 

Administrative  Office,  with  suitable  rooms,  or 
spaces  for  business  manager,  bookkeeper,  ste- 
nographers and  files. 

Store  room,  for  samples,  stores  and  supplies. 

Locker-Room,  for  use  of  draughtsmen,  stenog- 
raphers and  others. 

Telephone  Central. 

For  the  way  in  which  the  offices  of  sundry  well- 
known  Architects  are  planned  and  arranged,  the 
reader  should  consult  a  series  of  articles  by  D. 
Everett  Waid  in  the  Brickbuilder  for  191 2  and  191 3. 


Chapter  Nine 
The  Outer  Office 


Whatever  the  volume  of  an  Architect's  practice, 
the  outer  office  is  the  channel  through  which  there 
passes  a  considerable  and  varied  flow — incoming  and 
outgoing  mail,  drawings,  prints,  specifications,  shop- 
drawings,  models,  samples,  clients,  contractors, 
agents.  It  is  therefore  the  proper  and  convenient 
place  for  recording  many  of  the  events  of  office  life. 

Receipts. — Every  Architect  should  keep  some 
record   of  the   drawings,   prints,   specifications   and 


samples  issued  by  him.  The  character  of  such 
records  varies,  but  the  results  in  any  case  depend  on 
the  efficiency  with  which  the  record  is  maintained. 

The  following  method  has  been  found  to  work 
well  in  practice. 

If  a  piece  of  colored  paper,  say  library  index  size, 
be  printed  as  a  receipt,  and  if  this  be  separated  by  a 
piece  of  carbon  paper  from  a  white  card  similarly 
printed,  two  copies  of  the  reciept  may  be  written  at 
the  same  time.    The  colored  piece  is  at  once  put  in 


20 


THE  ARCHITECT'S  OFFICE 


the  receipt  drawer,  where  It  gives  notice  of  unfinished 
action.  The  white  card  is  placed  with  the  drawings, 
to  be  signed  by  their  recipient;  or  if  they  are  sent 
away  from  the  office,  the  receipt,  since  it  has  the 
Architect's  name  and  address  printed  on  its  reverse, 
may  be  returned  as  a  postcard.  When  returned  with 
signature,  the  white  card  is  put  in  its  place  in  the 
receipt  drawer  and  its  correlative  on  colored  paper  is 
destroyed.  If  the  colored  sheets  have  a  suitable  tab 
at  their  top,  rising  above  the  white  ones,  their 
presence  in  the  drawer  is  unmistakable.  As  long  as  a 
colored  sheet  remains  in  the  drawer  it  gives  notice 
that  a  signed  receipt  is  missing. 

Exhibit  No.  i  shows  a  simple  and  satisfactory 
form  of  receipt. 

Not  all  Architects  put  themselves  to  the  trouble 
of  taking  receipts  for  drawings  issued.  Some  depend 
on  the  entries  in  the  Office  Diary  or  Issue  Book  (see 
below),  others  on  their  record  of  the  distribution  of 
prints  (see  Chapter  lo);  but  neither  of  these  methods 
presents  evidence  of  issuance  as  positive  as  that  of  the 
signed  receipt. 


shown  on  the  Exhibit  is  that  of  a  series  of  drawings 
from  another  office,  siibmitrcd  to  the  Architect  in  his 
capacity  as  Consulting  Architect.  I  he  other  entries 
show  working  drawings  sent  to  a  contractor  for 
"estimate"  or  "execution,"  a  drawing  sent  to  a  client 
for  his  "approval,"  shop  drawings  and  samples 
submitted  to  the  Architect  for  his  "approval,"  etc. 
In  the  "date"  column  is  entered  carefully  the  latest 
date  of  the  drawing,  so  that  if  a  given  drawing  be 
revised  one  or  more  times  the  date  will  show  clearly 
which  particular  edition  of  that  drawing  was  received 
or  sent  out.  Receipts  may  be  used  in  conjunction 
with  the  Office  Diary  that  bear  the  same  issue  num- 
ber and  the  same  "estimate,"  "execution,"  "ap- 
proval," as  entered  in  the  "Purpose"  column  of  the 
Diary. 

The  Diary  may  also  be  used  to  record  visits  of 
clients,  contractors  and  others,  the  persons  with 
whom  they  conferred,  and  by  the  file  number,  the 
subject  of  their  visit.  Members  of  the  office  staff 
attending  conferences  with  clients  or  others,  making 
visits  of  supervision,  etc.,  have  their  movements 
recorded  in  the  Diary. 


-Prom.  DOE  Si.  ROE,  Aj'clutect$.~ 
^yMail:  Express.-  Messenger:  atOfike-. i^. 

to . 


Print—  of  Drawing  No. 

Print- of Drawltw"  No, 

Print— of  Drawing  No. 


TtleNo. 


.  Specifications 


Keceived  the  above  ^(Date) 

Sip'ned  try. 


/^_. 


"Tleofic  si(fn  and  return  pnmwlly 


Exhibit  i 


The  Office  Diary. — Some  offices  keep,  in  what  is 
called  an  Office  Diary  or  an  Issue  Book,  records  of 
incoming  and  outgoing  matter,  calls,  conferences, 
etc.  Exhibit  No.  2  shows  a  page  from  such  a  book. 
The  method  of  use  is  as  follows:  Whenever  drawings 
specifications,  or  samples  are  brought  into  the  office, 
or   are    about    to    be    issued    therefrom,    they    pass 


through  the  hands  of  the  person  in  charge  of  the 
outer  office.  The  entries  are  written  in  and  each 
entry  and  its  corresponding  drawings  or  sample  are 
stamped  with  the  same  number.     The  first  entry 

Applications  from  Contractors  to  Bid. — At  the  outer 
office  applications  are  received  from  contractors  for 


21 


DOE  St  KOE  •  AKCHITECT5    :    SAN  CALLO  •  T&!>CAS 

'wvv  OFFICE    DIARY --^^ 

ISSUE  NO. 

FILE 
NO. 

DESCRIPTION 

SCALE 

DATE 

PUR.POSE. 

NAME 

REC'D 

SENT 

15494 

8^5 

Tfrnuwt  TUw'  t  uui^ 

/*•' 

y./,7 

tlppiwaL 

a.VL.  CUctiltur 

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It 

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Vz/'z 

E^tcuW- 

Stul^Cc. 

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3  C4U.&  5(u.th'*4i6 

15496 

^os 

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■■ 

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15503 

839 

"lUT  Pot-  -  vltlh'  Ij  'buiieLuu^ 

^s^^ 

Exhibit  2 
22 


THE  ARCHITECT'S  OFFICE 

permission  to  bid  on  work.     In  some  offices  such  applications    for    employment    are    received    from 

applications  have  to  be  made  on  printed  forms,  such  draughtsmen,  clerks-of-the-works  and  others.    Such 

as  in  Exhibit  3.  applications  may  be  made  on  a  printed  form,  such  as 

Applications  for  Employment.— Ax.  the  outer  office  in  Exhibit  4. 


DOE  &.  ROE   ARCHITECTS    :     SAN  GALLO- TEXAS 

<^;  CONTRACTORS  APPLICATION--^ 

Name .  — , Date 

Address 

Kind  of  Contracting- 

respectfullii  request  to  he  entered  on  t/our  accredited  List  of  Con- 
tractors, and  refer  you  to  chejollowin^  Architects,  for  whom 
theij  have  performed  service  on  the  buildings  named  :— 

Architect  Building- 

».■  -11.   I    ..r-  ■  ,    ,  ■ ,-  .| 


KxiiiiiiT  3 


DOE  82  ROE  •  ARCHITECTS     :      SAN  GALLO  •  TEXAS 

•^APPLICATION  FOR  EMPLOYMENT-^ 

Nam^ D^ate 

Address 

Position  Desired Salary  per  Week 

Age Married  or  Single 

Scholastic  Training 

Names  of  Former  Employers  Length  of  Service 

Exhibit  4 


23 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


Chapter  Ten 

The  Draughting  Room  and  its  Methods 


The  organization  of  the  draughting  room  neces- 
sarily varies  with  the  kind  of  work  done  and  the  num- 
ber of  men  employed.  Ordinarily  the  Architect  or 
one  member  of  the  firm  acts  as  chief  designer. 
Generally  he  is  assisted  by  a  head  draughtsman  who 
has  charge  of  the  whole  draughting  force.  A  certain 
number  of  draughtsmen,  acting  under  the  direction 
of  one,  sometimes  called  a  squad  captain,  are  as- 
signed to  the  making  of  a  given  set  of  working  draw- 
ings and  unless  drawn  off  by  some  more  urgent 
matter,  they  follow  the  work  through  its  detailing  to 
the  end.  The  volume  of  work  in  the  office,  the 
rapidity  with  which  certain  sets  of  drawings  have  to 
be  gotten  out,  unforeseen  needs  for  drawings,  all 
influence  the  organization  of  the  draughting  room,  so 
that  a  theory  of  management  has  often  to  give  way 
to  the  exigencies  of  the  moment. 

The  Work  Book. — It  is  important  that  those  who 
are  making  drawings  and  specifications  should  be 
furnished  with  and  keep  before  them  all  information 
special  to  their  work.  To  that  end,  it  is  well  to  main- 
tain for  each  commission  a  blank  book  or  loose  leaf 
book,  known  as  the  "Work  Book"  in  which  are 
entered  records  of  all  the  Owner's  instructions, 
written  or  oral,  that  may  affect  the  drawings  or 
specifications.  The  Architect  should  keep  careful 
notes  of  any  conferences  with  the  Owner  and  should 
have  copied  into  the  work  book  such  parts  as  are 
pertinent.  Similarly,  written  information,  received 
from  consulting  engineers  is  entered,  as  well  as  any 
decisions  of  the  Architect.  Any  computations  made 
as  the  work  goes  on  may  also  be  entered  in  the  work 
book.  Thus  is  established  a  valuable  record  of  in- 
structions, information,  dates,  etc.,  which  is  ulti- 
mately filed  with  all  other  documents  pertaining  to 
the  same  commission. 

Originals,  Prints,  Revisions. — Although  other 
methods  are  in  use,  working  drawings  are  ordinarily 
made  upon  paper  and  traced  in  mk  upon  linen.  That 
material  is  so  satisfactory  to  work  upon  and  changes 
are  so  easily  made  upon  it  that  much  of  the  work 
of  drawing  is  done  directly  on  the  linen.  The 
paper  drawing  is  therefore  rarely  carried  to  com- 
pletion. The  linen  tracing  thus  becomes  the  real 
original.  From  it  as  many  prints  as  needed  may  be 
made. 

A  sharp  difference  between  the  linen  tracing  and  its 
prints  should  be  borne  in  mind.  1  he  print  may  be 
altered  only  with  difficulty  and  then  bears  evidences 
of  the  alteration.    Changes  may,  however,  be  made 


in  the  linen  tracing  with  the  greatest  facility  and 
it  is  almost  impossible  to  detect  them.  Therefore, 
tracings  should  never  be  used  as  contract  documents. 
Even  after  closing  a  contract,  revisions  are  fre- 
quently needed  in  drawings.  Obviously  if  the  linen 
original  were  a  contract  document,  it  would  be  quite 
improper  to  make  changes  in  it,  but  not  being  so, 
revisions  in  it  may  be  made  from  time  to  time,  as 
needed,  each  print  disclosing  the  state  of  the  drawing 
at  the  time  the  print  was  made.  Changes  should  not, 
however,  be  made  in  an  original  without  record 
being  kept  of  where  and  when  and  by  whom  they 
were  made.  This  may,  of  course,  be  done  by  a  note 
on  the  drawing.  Some  Architects  put  on  the 
drawing  either  by  pen  or  by  a  stamp,  such  a  diagram 
as  in  Exhibit  5  and  draw  or  stamp  a  small  arrow 
pointed  at  each  revision;  the  arrow  bearing  a  number 
corresponding  with  the  number  in  the  diagram. 


REVlSia 

NS  :  SEE  ARROWI 

No. 

Date 

By 

No. 

Date 

By 

I 

Sepr.jo.'iS 

W.D.E. 

z 

Oct.s.'ift 

K.H.O. 

itc. 

E.XHIBIT  5 

Numbers  and  Titles  of  Drawings. — A  "file  number" 
should  be  assigned  to  each  commission  in  the  Archi- 
tect's office  and  on  each  drawing  this  number,  as 
well  as  a  sheet  number,  should  appear.  The  same  file 
number  will  of  course,  apply  to  the  specifications 
and  to  all  correspondence  relative  to  the  same  com- 
mission. 

The  file  number  is  usually  placed  first  and  is 
separated  from  the  sheet  number  by  a  hyphen,  thus 
89-27  means  commission  number  89,  sheet  number  27. 

Sheet  numbers  often  run  serially  without  regard 
to  the  several  kinds  of  drawings  on  which  they  occur 
but  it  is  possible  so  to  arrange  them  that  those 
familiar  with  the  scheme  may  know  from  the  number 
the  kind  of  drawing.  For  example,  among  working 
drawings,  sheets  numbered 

I  to  99  may  be  plans,  elevations,  sections, 
100  to  199  scale  details, 


24 


THE  ARCHITECT'S  OFFICE 


200  to  299  structural  engineering. 

300  to  399  mechanical  plant,  heating,  ventilation, 

400  to  499  electrical  engineering, 

500  to  599  full  size  details, 

600  to  699  shop  drawings. 

Sometimes  more  elaborate  schemes  of  numbering 
are  employed;  thus  in  a  well  known  office  the  follow- 
ing system  is  used  for  numbering  detail  drawings: 
Masonry  and  concrete  i,  cut  stone  2,  iron  work  3, 
etc.  The  first  detail  under  cut  stone  is  numbered 
2.01,  the  first  contractor's  setting  drawing  20. or,  etc. 

A  definite  title  should  be  given  to  the  subject  of 
each  commission  which  should  include  the  kind  of 
building,  its  location  and  the  name  of  the  Owner. 

Whatever  may  be  the  title,  it  should  be  adhered  to 
with  absolute  precision  upon  all  drawings  and  speci- 
fications, as  well  as  upon  all  the  legal  or  other  doc- 
uments connected  with  the  work. 


each  building.  Such  a  record  should  furnish  at  least 
the  following  information:  (a)  name  and  file  number 
of  the  building,  (b)  descriptive  title  of  drawing, 
(f)  name  or  initials  of  draughtsman,  (d)  date  of 
drawing,  (e)  scale  or  scales  of  drawing,  (f)  dates  of 
revision. 

The  record  may  be  kept  in  sundry  ways,  for 
example,  as  a  card  index,  the  cards  sometimes  being 
designed  as  shown  in  Exhibit  6. 

Some  Architects  prefer  to  keep  such  a  record  on 
cardboard  sheets  of  standard  letter  size  Sj^  x  11", 
designing  them  to  suit  their  own  needs  and  filing 
them  vertically. 

Other  Architects  prefer  to  use  large  sheets  of 
suitably  ruled  paper  which  are  kept  in  a  loose-leaf 
book.  Exhibit  No.  7  shows  in  miniature  such  a  sheet, 
the  portion  to  the  left  of  the  central  numbers  giving 
the  record  in  question. 


Name  of 
Work. 

DOE   &  RDE  •  ARCHITECTS     :     SAN  GALLO  ■  TEXAS 

dvnion .  SLeaa,  riew  ITlexico 

Title  of 
Dra-wing 

XjyaqituAAnal  Section 

W)  9 

Datey 

ScaLe^ 

Made  bf/ 

Revised 

Revised 

Revised 

Revised 

b/z5/\6 

y& 

m.6.tTi 

7/Z/-.& 

7/&/i& 

Title  of 
Drawing' 

"Details  of  baseroeat  Wixidouxs 

%'•}  'o 

D£tU 

Scale, 

MacU  by 

Revised 

Revised 

Re-vised 

Revised 

7/iz/i6 

%"5cF.S. 

a.?.K. 

Title  of 
DriwirijJ 

6tG. 

Drwg."l 

Date- 

Scale. 

Made,  by 

R.evL5ed 

Revised 

Re-vised 

Revised 

Title  of 
Drawinj? 

iXc. 

%^} 

Dale 

Scale, 

Made,  by 

Revised 

Revised 

Revised 

Revised.. 

Exhibit  6 


Each  drawing  should  also  bear  the  name  and 
address  of  the  Architect  as  well  as  a  subtitle  indicat- 
ing its  subject  and  naming  its  scale  or  scales. 

Each  drawing  should  be  dated.  It  is  good  practice 
to  assign  the  asme  date  to  each  drawing  of  the  con- 
tract set. 

Each  drawing  should  be  initialed  by  the  draughts- 
man or  draughtsmen  who  made  it,  by  the  person 
who  checked  it  and  by  the  Architect  or  other  person 
authorized  to  give  final  approval. 

The  Record  of  Drawings. — It  is  the  usual  practice 
to  keep  an  index  or  record  of  all  drawings  made  for 


Where  drawings  are  filed  between  pieces  of  wood 
and  hang  vertically  the  record,  forming  an  index  to 
them,  may  be  hung  in  front  of  the  first  sheet. 

The  Distribution  of  Prints  and  Record  Thereof. — 
Upon  the  completion  of  each  drawing  a  well-con- 
sidered decision  should  be  reached  as  to  the  number 
of  prints  to  be  made  and  as  to  their  distribution.  To 
register  such  a  decision  and  effect  distribution, 
sundry  schemes  are  in  use,  the  simplest  being  the 
stamping  on  the  original  tracing  of  a  form  such  as 
that  shown  below.  Exhibit  No.  8,  in  which  are 
written  the  name  of  those  who  are  to  receive  prints 


25 


V) 

nVQ 

— 1 

1 

S3}d<r) 

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CHITECTS    -•     SAN  CALLO  •  TEXAS 

AND  DISTRIBUTION 

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26 


THE  ARCHITECT'S  OFFICE 


and  the  number  to  be  sent  to  each.  The  stamp  may 
of  course  be  re-impressed  upon  the  drawing  as  fre- 
quently as  there  is  need  for  it. 

This  original  entry  is  at  once  an  order  to  those 
charged  with  making  and  distributing  the  prints  and 
a  permanent  record.  Subsequent  orders  for  distri- 
bution are  made  in  the  same  manner,  the  record 
being  thus  a  continuous  one. 


Thus  one  who  keeps  a  record  of  drawings  made  in 
card  index  form  would  probably  keep,  on  similar 
cards,  perhaps  designed  as  below.  Exhibit  No.  9,  a 
record  of  the  distribution  of  prints.  In  some  offices 
such  a  card  is  blue  for  shop  drawings,  yellow  for  full 
size  details,  white  for  all  others. 

One  who  keeps  a  record  of  drawings  made  on  large 
sheets  in  a  loose-leaf  book,  as  at  the  left,  in  Exhibit 


1              -RECORD   0 

F     PRINTS-               II 

^ 

Date 

Issued,   to 

No. 

Date 

Issued  to 

3 

ScptTj^lA 

Cole.  &-Co. 

1 

Octz.tb 

Clwk  of  WK5. 

1 

•'  -4-.'* 

Stone  &.-  Son 

£to. 

1 

N 

1 

t.XUlBIT  8 


FILE  NO. 

DOE   a.  ROE  •  ARCHITECTS    :     SAN  OALLO  •  TEXAS 

RECORD  OF  PRINTS  ISSUED 

SHEET  NO. 

To  Wham  Issued 

No. 

Date. 

No. 

Dat& 

No. 

Dnt& 

No 

Date, 

Buildinp'  Comm.ittcc 

1 

^Ms 

1 

6/v/,8 

Clerk  ofLUarks 

1 

S/r/hS 

Structural  Cn^irCr 

Z 

BfisliS 

SUctricaL  Cn^irCr 

1 

i/BliS 

1 

S/Z3//8 

Qxi^eLo  CanStracHon  Co 

2 

&lzof,5 

1 

9/3//8 

Z 

9/'5/S 

Z 

/o/z//6 

Etc. 

Exhibit  9 


Some  Architects  regard  the  above  record,  taken  in 
connection  with  entries  in  the  "Office  Diary"  or 
"Issue  Book,"  if  one  is  kept,  or  with  the  receipts  for 
issuance  of  drawings,  as  sufficient.  Architects  who 
do  not  keep  a  record  of  distribution  upon  the  tracing 
or  who  do  not  trust  to  an  "Office  Diary"  generally 
keep  a  separate  record  of  all  the  prints  issued  from 
each  drawing. 


No.  7,  would  record  the  distribution  of  prints  at  the 
right,  as  in  the  same  Exhibit. 

In  using  such  a  distribution  sheet,  three  or  four 
lines  should  be  allotted  to  each  drawing,  since  a  con- 
tractor receiving  copies  of  a  drawing  may,  on  several 
subsequent  occasions,  require  other  copies,  or  copies 
of  revised  states  of  the  same  drawing.  The  number 
of  distribution  columns  shown  in  the  diagram  will 


27 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


suffice  if  the  work  Is  carried  on  under  one  or  a  few 
contracts.  If  the  direct  contractors  are  many  the 
distribution  sheet  will  need  more  cokimns  than  those 
shown.  In  such  cases,  the  "Record  of  Drawings" 
and  the  "Distribution  of  Prints"  may  occupy  sep- 
arate sheets. 

All  prints  should  be  issued  to  contractors,  even 
though  intended  for  the  use  of  subcontractors.  If 
for  a  special  reason  a  print  or  prints  are  sent  directly 
to  a  subcontractor,  the  contractor  should  be  notified. 

The  Care  of  Drawings. — The  drawings  likely  to  be 
needed  at  any  given  time,  in  an  office  of  considerable 
size  are  so  many  and  so  valuable  that  some  system 
which  keeps  them  quickly  accessible  and  in  good 
condition  is  essential.  Ordinarily,  while  the  work  is 
in  progress,  they  are  kept  flat  in  chests  of  drawers. 
Sometimes  they  are  bound  at  one  edge  between  thm 
strips  of  wood,  so  that  they  may  be  suspended  in 
vertical  filing  cabinets.  On  completion  of  the  work  a 
set  of  drawings  is  put  aside,  either  flat  or  in  a  dust- 
proof  cylindrical  case,  for  future  reference. 

Where  the  draughtsmen  are  few,  they  all  have 
access  to  the  files  of  drawings.  But  where  many  are 
employed,  better  order  is  maintained,  quicker  ac- 
cessibility established  and  fewer  losses  are  sustained, 
by  placing  all  drawings  in  charge  of  a  Plan  Clerk. 

The  Book  of  Office  Standards. — For  the  Architect, 
experience  is  a  hard  teacher.  His  mistakes  return  to 
plague  him  and  he  registers  a  vow  never  agam  to  be 
caught  in  a  trap  of  his  own  making.  To  that  end,  he 
hastens  to  make  entries  in  what  one  might  call  "The 
Book  of  Experience"  and  to  lay  down  rules  for  the 
future. 


Information  obtained  at  cost  of  time  and  money 
for  a  piece  of  work  in  hand  is  seen  to  have  future 
value.  It  forms  the  subject  of  an  entry.  The  book 
serves  as  a  place  of  record  for  a  great  variety  of 
items,  as  of  cost  per  cubic  foot  or  per  student  or  per 
patient,  or  spacing  of  seats  in  a  lecture  hall,  or  of 
square  feet  per  chair  in  a  dining  room.  Maxima  and 
minima  are  set  down  in  it  and  it  soon  becomes  not 
merely  a  storehouse  of  Information  invaluable  to  the 
Architect  but  a  record  of  standards  to  be  adhered  to 
in  the  practice  of  the  office. 

Office  Conferences. — In  some  offices  the  Architect 
holds  periodic  conferences  with  his  more  important 
assistants  with  a  view  to  securing  criticism  of 
sketches  or  drawings,  determining  on  the  best  way 
of  conducting  a  given  piece  of  work,  considering 
improvements  in  the  methods  of  the  office,  changes  in 
the  staff,  etc.  Such  conferences  are  profitable  to  the 
participants  as  well  as  to  the  office.  They  bring 
about  a  coordination  of  effort  and  an  increased 
esprit  de  corps. 

Visits  to  Buildings. — It  is  very  desirable  that  as- 
sistants should  see  the  buildings  while  in  course  of 
construction,  on  the  drawings  and  specifications  of 
which  they  have  worked.  They  learn  much  from 
such  inspection  and  gain  a  sense  of  the  reality  of 
their  work  and  of  the  relation  of  the  drawing  to  the 
forms  arising  from  it.  The  work  of  other  Architects 
should  be  included  in  such  visits  and  notes  should  be 
made.  Fixed  times  should  be  set  aside  for  such 
excursions,  and  the  Architect  or  some  other  com- 
petent leader  should  be  in  charge  of  the  party. 


Chapter  Eleven 
The  Business  Office  and  its  System 


This  Handbook  is  so  largely  devoted  to  business 
management  that  only  a  small  portion  of  the  field 
is  covered  in  this  Chapter.  In  Part  i  of  the  Hand- 
book, the  fundamental  business  relations  of  the 
Owner  and  Architect  have  been  treated.  In  Part  IV 
the  steps  that  lead  up  to  and  include  the  letting  of  a 
contract  for  building  construction  are  covered; 
while  in  Part  V  will  be  found  Information  on  ad- 
ministrative procedure  during  the  execution  of  the 
work,  such  as  changes  in  the  amount  of  the  contract 
and  certificates  of  payment. 


The  size  and  organization  of  the  stafl^  of  the  busi- 
ness office  necessarily  varies  greatly.  It  would  be 
only  In  an  office  of  the  largest  size  and  most  complete 
organization  that  all  the  functions  described  in  this 
Chapter  would  be  discharged  by  separate  persons. 
In  a  one-man  office,  the  Architect  himself  would  dis- 
charge them  all.  Many  combinations  are  possible; 
for  example,  in  an  office  of  medium  size  the  person  in 
charge  of  the  outer  office  might  perform  all  the  duties 
described  under  that  heading  and  also  play  the  role  of 
mall  clerk,  files  clerk,  cashier  and  telephone  operator. 


28 


TIIK  ARCHITECT'S  OFFICK 


The  Minute  Book  and  Agenda. — Diiiinp;  the  design- 
ing and  execution  of  a  l)iiilding  so  many  tilings  occur 
of  which  no  record  is  to  be  found  in  the  files  that  the 
Architect,  whether  he  recogniz.cs  it  or  not,  keeps 
something  akin  to  a  diary  of  each  piece  of  work. 
Sometimes  this  is  scarcely  more  than  a  few  scattered 
notes,  in  others  it  is  a  careful  journal.  As  such  it 
serves  as  a  record  of  items  that,  having  no  specific 
place  in  the  filing  system,  are  either  mislaid  or  never 
committed  to  paper.  Architects  who  keep  such  a 
book  generally  call  it  "The  Journal"  but  since  that 
is  the  well  established  name  of  one  of  the  books  of 
account  as  it  is  also  of  the  Institute's  magazme,  such 
a  diary  is  here  referred  to  as  the  Minute  Hook. 

As  an  example  of  the  use  of  such  a  book,  it  may  be 
said  that  unless  the  Architect  keep  it,  there  is  usually 
no  written  record  of  oral  instructions  given  by  the 
Owner.  Even  in  the  case  of  a  building  committee, 
the  minutes  are  usually  scanty,  untechnical  and  often 
untrustworthy.  It  is  therefore  good  practice  for 
the  Architect  to  keep  minutes  of  all  such  meetings, 
filing  one  copy  in  the  Minute  Book  and  sending 
another  to  the  Owner. 

The  Minute  Book,  if  it  be  in  a  loose,  leaf  cover 
serves  also  as  a  convenient  place  to  keep  at  the  Archi- 
tect's hand  such  frequently  needed  documents  as 
contracts  for  the  execution  of  the  work,  orders  for 
extras  and  omissions,  certificates  of  payment,  etc. 

To  aid  Architects  not  merely  in  keeping  such  a 
record  but  also  to  provide  them  with  a  reminder  of 
things  that  have  to  be  done  in  carrying  each  work 
through  the  office,  the  Institute  publishes  a  docu- 
ment called  "Agenda,"  a  copy  of  which  will  be  found 
as  Appendix  A.  in  Part  VII  of  this  Handbook.  Its 
scope  and  the  method  of  its  use  are  described  in  its 
introduction. 

Printed  Forms. — Architects  having  forms  of  which 
there  are  no  correlatives  hereiji,  or  forms  which  they 
think  better  than  those  printed  herein,  are  requested 
to  send  them  to  the  Chairman  of  the  Standing  Committee 
on  Contracts  of  the  American  Institute  of  Architects 
with  an  explanation  of  the  points  in  which  they  have 
been  found  particularly  useful. 

Architects  require  for  the  conduct  of  their  work 
many  printed  forms,  such  as  certificates  of  payment, 
orders  for  extras,  etc.  A  collection  of  such  forms 
shows  very  great  variations,  not  only  in  wording  but 
in  the  size  of  paper  on  which  they  are  printed.  As 
Architects  have  for  the  sake  of  convenience  in  filing, 
strongly  urged  all  with  whom  they  deal  to  use  the 
standard  size  of  letter  paper,  8^  x  ii  inches,  they 
ought,  unless  there  be  good  reasons  against  it,  to 
print  such  of  their  forms  as  are  to  be  issued  from  their 
offices  on  paper  of  that  size. 


Many  forms,  such  as  receipts  for  drawings  and 
applicaticms  for  positions,  which  are  to  be  filed  only 
within  the  Architect's  Office,  may  conveniently  be  of 
smaller  size  and  they  are  throughout  this  Handbook 
assumed  to  be  of  the  standard  library  card-index 
size,  approximately  3x5  inches. 

If  an  intermediate  size  is  deemed  necessary  a  sheet 
52  X  82  inches  i.e.  half  the  standard  letter  size,  should 
be  used.  Many  Architects  use  that  size  for  orders 
for  extras  and  omissions,  certificates  of  payment,  etc. 
While  the  Architect  may  readily  preserve  papers  of 
that  size  in  special  files,  they  are  less  convenient  for 
the  Owner  and  for  the  Contractor  than  the  standard 
83^  XII  inch  sheets,  since  they  are  liable  to  be  lost  in 
files  of  the  standard  size. 

Architects  also,  perhaps  on  account  of  tradition, 
adhere  to  the  antiquated  stub-book,  and  this  in 
spite  of  the  fact  that  duplicates  and  triplicates  of  a 
given  form  are  often  needed  and  that  if  a  stub  is  used, 
the  making  of  them  is  difficult,  whether  it  be  done 
by  hand  or  on  the  machine.  Reduplication  upon 
standard  sheets  involves  less  labor  and  less  liability 
to  error  than  reentry  upon  a  stub.  Therefore  it  will 
be  assumed  throughout  this  Handbook  that  no  stubs 
will  be  used. 

Correspondence,  Records,  Filing. — Prompt,  clear, 
terse  but  adequate  letters  and  written  reports  of 
interviews,  verbal  instructions,  meetings,  etc.,  are  not 
merely  the  best  insurance  against  misunderstandings 
and  disagreements,  but  they  are  essential  to  the 
proper  conduct  of  business. 

As  a  record  of  its  history  each  incoming  letter 
should,  before  it  goes  to  the  files,  have  put  on  it  the 
date  of  its  receipt,  its  file  number,  the  initials  of  those 
who  have  read  it,  the  initials  of  the  person  who 
answered  it,  the  date  on  which  it  was  answered,  an 
indication  as  to  whether  such  answer  was  by  wire  or 
letter,  tentative  or  final,  or  whether  the  letter  was 
sent  to  the  files  without  answer. 

All  this  sounds  complex  but  the  process  is  simple 
and  useful.  It  helps  in  securing  prompt  attention 
to  correspondence  and  in  looking  it  up  in  the  files. 
There  are  several  ways  of  keeping  such  a  record. 
The  simplest  is  as  follows: 

When  the  mail  is  opened,  the  date  of  receipt  is  placed  in  pencil 
directly  under  the  date  of  the  letter  and  the  file  number  is  placed 
on  the  upper  left-hand  corner.  Everyone  who  reads  the  lettei 
places  his  initials  on  the  lower  left-hand  corner  and  the  one  who 
answers  it  writes  his  initials  and  the  date  of  the  answer,  not  the 
year  or  the  month  unless  the  answer  is  delayed  beyond  the  current 
month.  If  answered  by  telegram  or  night  letter,  a  note  is  made 
to  that  effect.  If,  as  often  happens,  the  answer  is  merely  tentative 
and  must  be  followed  up  by  fuller  information,  a  quickly  drawn 
rude  square  is  put  around  the  initial  with  the  date.  That  means  a 
second  letter  will  be  necessary  and  when  that  second  letter  is 
written  or  in  any  case  when  a  final  answer  is  sent  the  writer  draws 


29 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


3Uc  Ho.  ^6z 


In  re;  Armory,  Siena,  N.  U. 


October  23,  1918* 


Messrs.  Doe  &  Hoe,  Architects, 
San  Gallo,  Texas. 

Dear  Sirs;. 

Will  you  be  so  kind  as  to  in> 
form  U9  what  part ioulaf  pattern  of 
radiator  you  have  selected  for  the 
smaller  rooms  of  the  building. 

We  also  beg  to  be  informed  at 
your  earliest  convenience  as  to  the 
portions  of  the  building  in  which 
you  desire  temporary  radiation  to 
be  placed-!? 

Yours  respectfully, 

COLS  &  COMPAKT. 


V5^:/8  ^-i^. 


Exhibit  io 


30 


THE  ARCHITECT'S  OFFICE 


a  rude  circle  around  his  initials  and  the  date  of  answer.  If  no 
answer  is  needed,  "no  ans."  is  written  instead  of  the  date.  The 
circle  indicates  that  the  letter  is  ready  for  the  files. 

All  this  is  illustrated  in  the  accompanying  exhihit 
No.  10. 

In  other  cases  a  mail  stamp,  such  as  Kxiiihit  No. 
II,  containing  spaces  for  the  above  records  is  put  on 
the  letter  when  opened. 


OFFICE  OF  DOE  6l  ROE  :  ARCHITECTS. 


File  No. 


7^53 


Enclosures 


3 


JIU 


Date  of  R«eipt 


4m 


%C^^ 


Ans'd  by 

10. 


Da.t*ofAns 

2i 


E.XHinn  II 

The  date  stamp  forms  a  part  of  the  mail  stamp. 
The  person  who  opens  the  letter  applies  both  at  once, 
fills  in  the  file  number  and  marks  the  number  of 
inclosures,  if  any,  and  in  the  lower  left  square  puts 
the  initials  of  the  person  to  whom  the  letter  is  first 
sent  for  reading.  Others  who  read  the  letter  put  their 
initials  in  other  squares.  The  one  who  answers  the 
letter  places  his  initials  in  the  upper  right  square  and 
the  date  in  the  square  below  it.  If  the  answer  is 
tentative,  a  rough  square  is  marked  lozenge-wise 
about  the  date,  otherwise  it  is  understood  to  be  final. 
If  no  answer  is  thought  necessary  the  words  "Ans. 
by"  are  stricken  out  and  no  date  entered.  If  the 
answer  is  by  wire,  night  letter  or  day  letter,  a  note  is 
made  to  that  effect  near  the  mail  stamp. 

Enclosures  accompanying  letters  are  stamped  with 
an  "Enclosure  Stamp,"  such  as  Exhibit  No.  I2.  The 
blanks  are  filled  and  the  enclosures  are  fastened  by  a 
clip  below  the  letter  which  they  accompany. 


•OFFICE  OF  DOE  Si.  ROE  :    ARCHITECTS    | 

File  No. 

732) 

Date  of 
Receipt 

TTUtrcK-  -Vh,  i9>& 

With  Let- 
ter fttDtn 

Syk^s  6^  Co. 

Under 
Date  of 

7.0 

Exhibit  i: 


Correspondence  and  documents  are  invaluable  as 
records,    but    their   usefulness    is   greatly    impaired 


unless  they  can  be  found  without  difficulty  or  delay. 
Hence  the  importance  of  systematic  filing.  Since 
there  can  be  no  doubt  as  to  the  best  mechanism  for 
keeping  such  papers,  it  may  be  assumed  that  the 
Architect  will  use  the  vertical  filing  system,  in  which 
papers  are  placed  on  edge,  in  folders  so  indexed  that 
any  subdivision  of  the  correspondence  may  readily 
be  found. 

Of  methods  of  arranging  papers  within  the  drawers 
of  the  vertical  filing  system  there  are,  in  spite  of 
sundry  variants,  three  chief  kinds,  the  alphabetic, 
the  numeric  and  the  geographic.  Of  these  the 
simplest,  that  is  to  say  the  alphabetic,  suffices  for  the 
use  of  almost  every  Architect.  His  work  lends  itself 
to  a  few  (|uite  obvious  divisions  corresponding  to 
each  of  his  commissions.  Within  these  main  divisions 
folders  are  arragned  in  alphabetical  sequence  each 
containing  the  correspondence  of  a  single  firm  or 
individual.  Within  each  folder,  the  sequence  is 
chronologic. 

Since  not  all  of  an  Architect's  correspondence  is 
directly  related  to  a  particular  commission,  one  or 
more  divisions  for  miscellaneous  coirespondence  or 
for  special  subjects,  will   be   established  in  the  files. 

Carbon  copies  of  out-going  letters  are  now  usually 
made  when  writing  the  original  and  if  the  above 
system  of  filing  is  used,  they  find  their  places  in  the 
same  folder  as  the  incoming  letters  of  the  same  corres- 
pondent, the  whole  forming  a  chronological  series. 

The  nature  of  the  Architect's  work  does  not,  how- 
ever, make  obsolete,  as  in  commercial  affairs,  the 
keeping  in  copy  books  of  press  copies  of  out-going 
letters.  If  the  Architect  keeps  such  a  book  for  each 
commission,  he  will  find  his  letters  relative  to  that 
work  in  a  compact  space.  If  in  addition  to  the  ordi- 
nary index,  the  copy  of  each  letter  has  written  on  it 
the  page  number  of  the  next  preceding  and  next 
subsequent  letter  to  the  same  correspondent,  ref- 
erence to  the  series  is  greatly  facilitated. 

As  the  Architect's  establishment  is  rarely  large 
enough  to  justify  him  in  emoloying  a  files  clerk,  the 
filing  of  his  correspondence  has  usually  to  be  in- 
trusted to  a  stenographer.  In  any  case,  however, 
care  and  skill  must  be  devoted  to  it  since  certainty 
and  speed  in  producing  any  desired  paper  are  essen- 
tial if  loss  of  time  and  temper  are  to  be  avoided. 

For  more  detailed  descriptions  of  filing  methods 
and  mechanisms,  the  Architect  should  consult  the 
well  prepared  catalogues  of  the  Librar\'  Bureau  and 
other  manufacturers. 

The  Duties  of  Members  of  the  Staff. — As  the  duties 
of  the  several  members  of  the  Architect's  staff  be- 
come more  sharply  differentiated,  definitions  of 
them  are  made  resulting  in  a  series  of  written  in- 


31 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


structions  or  standing  orders  which,  when  taken 
together  with  a  description  of  the  organization  and 
operation  of  the  office,  copies  of  printed  forms,  in- 
structions fortheir  use,  etc.,  become  a  "Book  of  Office 
Management."  Such  books  are  of  use  in  coordinating 
the  work  of  the  staff  and  are  especially  valuable  to 
one  unused  to  the  ways  of  the  office,  or  when  one  un- 
used to  the  duties  of  a  certain  position  has  to  fill  it. 
In  certain  offices  such  instructions  are  extended  even  to 
draughtsmen,  some  Architects  having  written  enter- 
taining pamphlets  intended  to  inform  them  how  to 
discharge  their  duties  acceptably. 

The  following,  although  greatly  abbreviated,  may 
serve  as  examples  of  such  standing  orders: 

Duties  of  the  Mail  Clerk: 

1.  The  Mail  Clerk  shall  open  all  mail  except  such  as  is  addressed 
to  individuals  and  on  each  letter  he  shall  place  the  mail  stamp, 
enter  the  file  number,  mark  the  number  of  enclosures,  if  any,  and 
place  the  initials  of  the  person  to  whom  it  is  first  to  go,  in  the 
lower  left  square.     (See  Exhibit  No.  Ii.) 

2.  Enclosures  shall  be  dated,  have  file  number  and  be  marked 
to  show  the  letter  which  they  accompany.  They  shall  be  placed 
under  it  and  shall  be  attached  to  it  by  a  clip. 

3.  The  Mail  Clerk  shall  sort  the  mail  and  deliver  it  to  the  per- 
sons for  whom  he  has  initialed  it. 

4.  Circulars  and  catalogues  shall  be  stamped  with  the  mail 
stamps  and  sent  to  the  file  clerk,  who  will  ascertain  from  the 
specification  writer  whether  they  are  to  be  kept  in  the  files. 

5.  In  case  of  the  absence  of  any  member  of  the  organization, 
his  portion  of  the  mail  shall  be  delivered  to  the  business  manager, 
who  will  dispose  of  it. 

6.  The  mail  clerk  shall  receive  and  send  out  all  packages  which 
are  to  go  by  mail  or  express. 

Similar  standing  orders  may  be  prepared  to  suit 
the  practice  of  any  office  on  such  matters  as  the 
following:  Draughting  room  practice,  stenographers 
and  typists,  file  clerk,  care  of  books  and  drawings, 
telegrams,  telephone  messages,  time-keeping,  pay- 
ment of  employees,  holidays,  etc. 

Instructions  to  Those  who  Dictate. — i.  Stenog- 
raphers and  typists  are  frequently  left  without 
sufficient  work  in  the  early  hours  and  are  greatly 
overtaxed  in  the  late  hours  of  the  day.  Those  who 
dictate  should  therefore  make  every  effort  to  des- 
patch their  work  at  the  earliest  time  possible. 

2.  One  who  is  about  to  answer  a  letter  should  be 


sure  that  it  bears  the  initials  of  all  those  who  should 
have  seen  it  and  that  he  has  their  comment,  if  any. 
If  no  answer  is  needed  he  should  place  his  initials 
in  the  upper  right  square  of  the  mail  stamp,  strike 
out  the  words  "Ans.  by"  and  enter  no  date  in  the 
square  below.    (See  Exhibit  No.  11.) 

3.  The  name  of  the  correspondent,  the  subject  of 
the  letter  and  the  file  number  should  be  stated  to  the 
stenographer. 

4.  Enclosures,  if  any,  should  be  handed  to  the 
stenographer;  if  a  letter  is  being  answered  it  should 
be  handed  to  the  stenographer. 

5.  In  writing  to  a  correspondent  about  subjects 
related  to  more  than  one  file  number,  dictate  a 
separate  leter  for  each  file  number. 

6.  Unless  the  dictator  gives  other  orders,  two 
copies  of  the  letter  will  be  made,  one  for  the  files 
and  one  for  mailing.  If  the  dictator  requires  others 
he  should  state  how  many  and  to  whom  they  are  to  be 
sent.  If  an  additional  copy  is  to  be  made  as  a  re- 
minder, he  should  so  state. 

7.  In  dictating  specifications  or  reports,  the  dic- 
tator should  state  the  title,  file  number,  date  and 
number  of  copies  to  be  made. 

8.  The  typist'swork  is  to  be  returned  to  the  dictator 
with  all  copies  and  enclosures  attached.  He  should 
verify  all  these,  sign  the  letter  only  in  case  it  is 
correct,  initial  the  file  copy  and  if  a  reminder  copy 
has  been  made,  indicate  on  it  the  date  on  which  it  is 
to  be  handed  to  him.  If  the  letter  is  to  be  shown  to 
others  in  the  office,  the  dictator  should  put  his 
initials  on  the  lower  margin. 

9.  When  the  outgoing  letter  is  found  correct,  the 
dictator  should  promptly  sign  it,  verify  all  enclosures, 
put  his  initials  and  the  date  on  the  mail  stamp  of 
the  letter  he  is  answering;  if  the  answer  is  tentative, 
enclose  the  date  with  a  square.  If  the  answer  is  by 
wire,  day  letter  or  night  letter,  he  should  so  note 
near  the  mail  stamp.  (See  Exhibit  No.  11). 

10.  The  dictator  must  instruct  the  stenographer 
to  make  an  abstract  of  any  matter,  either  in  the 
letter  or  answer,  that  should  find  a  place  in  the 
"Work  Book";  and  must  see  that  such  abstracts 
are  returned  to  him  for  verification  just  as  if  they 
were   enclosures. 


32 


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33 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


Chapter  Twelve 
The  Accounts  of  the  Owner  and  His  Contractors 


The  Architect  has  copies  of  all  contracts  between 
the  Owner  and  his  Contractors,  which,  unless  on  a 
cost-plus  fee  basis,  name  the  original  contract  sum. 
He  has  copies  of  all  orders  for  an  increase  or  decrease 
in  that  sum,  and  of  all  certificates  of  payment.  He 
may  thus  at  any  time  prepare  a  statement  of  obliga- 
tions incurred  by  theOwner  and  of  certificates  issued. 

If  such  a  statement  form  a  part  of  each  certificate, 
as  in  Exhibit  No.  24,  Chapter  39,  the  Architect, 
Owner  and  Contractor  have  before  them  each  month 
the  status  of  the  account  of  the  latter  two.  This 
report,  it  must  be  noticed,  cannot  be  considered  com- 
plete, since  while  it  states  the  amount  for  which 
certificates  have  been  issued,  it  does  not  state,  since 
the  Architect  ordinarily  does  not  know  it,  the  extent 


to  which  the  Owner  has  honored  the  certificates. 

If  the  foregoing  system  is  well  maintained,  there 
would  seem  to  be  little  need  of  any  other  statement; 
yet  many  Architects  feel  it  their  duty  to  keep  formal 
accounts  as  between  the  Owner  and  each  of  his 
Contractors.  In  them  the  Owner  is  debited  with  the 
ongmal  contract  sum  and  with  each  addition  to  it, 
and  is  credited  with  each  deduction  from  it  and  with 
the  amount  of  each  certificate. 

Some  Architects  make,  at  periodic  intervals,  an 
abstract  of  such  accounts  and  for\\ard  it  to  the  Owner 
so  that  he  may  have  before  him  a  statement  of  his 
accounts  as  far  as  they  are  known  to  the  Architect. 

The  accompanying  Exhibit  No.  13  is  an  example  of 
such  a  statement.     (See  preceding  page.) 


Chapter  Thirteen 

Cost  Accounting 


The  Architect,  in  order  to  have  a  competent 
knowledge  of  the  results  of  his  business,  ought  to 
keep  an  accurate  account  of  the  costs  of  his  work, 
divided  into  reimbursements,  direct  costs,  and  in- 
direct costs  or  overhead. 

Reimbursements. — Certain  costs  of  the  Architect's 
services,    such    as   traveling    expenses    and    fees   of 


experts,  are  reimbursed  by  the  Owner.  The  Archi- 
tect, or  members  of  his  staff,  incurring  traveling 
expenses  should  report  them  on  a  form,  such  for 
example  as  in  Exhibit  14. 

In  the  case  of  public  works  original  vouchers  for 
certain  expenses  have  usually  to  be  presented  to 
insure  payment. 


DOE  a.  ROE  •  AKCHITECTS    t     SAN  OALU>  •  TEXAS 

o^  EXPENSE    RECORD  ^ 


Charge  to  Account  of. 
Expenses  of 

Tra,n5porta.tion  — 

Meab 

Hotel 

Mi5ceHa.neou&  — 


On 


.59. 


Tota^l 


Exhibit  14 
34 


THE  ARCHITECT'S  OFFICE 


Direct  Costs. — Certain  costs  may,  by  the  aid  of  a 
proper  system  of  accoimtmg,  be  ascribed  with 
accuracy  to  the  several  pieces  of  work  which  are 
passing  through  the  Architect's  office.  These  costs 
may  readily  be  divided  into  (a)  making  drawings  and 
verifying  shop  drawings;  {b)  prochicing  tlie  manu- 
script of  the  specifications;  {c)  supervising  the  con- 
struction of  tlie  work.  The  Architect  may  wish  to 
divide  the  draughting  costs  so  that  he  may  know 
separately  the  cost  of  sketches,  of  working  drawings, 
and  of  detail  drawings. 

Under  the  headings  of  (a),  (b)  and  (c)  respectively, 
it  is  proper  to  charge  any  time  taken  by  the  men 
performing  those  services  while  in  conference  with 
the  Owner,  with  the  Contractor,  or  with  mechanics; 
or  any  time  spent  in  travel,  making  schedules,  or  in 
clerical  duties;  provided  that  such  expenditure  of 
time  is  directly  related  to  a  definite  commission  and 
not  of  a  general  character. 

Now  if  each  person  engaged  in  [a],  (b)  or  (c),  as 
above,  be  required  daily  to  make  detailed  entries  on 
such  a  "Time  Record"  as  Exhibit  No.  15,  and  if  the 


case  but  in  sundry  classes  of  work,  as  factories, 
residences,  churches,  etc. 

Overhead. — In  addition  to  costs  which  may  be 
directly  ascribed  t(j  tlie  several  pieces  of  work  in  his 
office,  the  Architect  has  other  costs,  such  as  the  rent, 
light  and  heat  of  his  offices,  supplies,  postage,  stenog- 
raphy, typewriting,  bookkeeping,  printing,  etc., 
which  in  the  aggregate  are  spoken  of  as  his  office 
overhead. 

The  Institute's  "Form  of  Agreement  between 
Owner  and  Architect,  on  the  Fee  Plus  Cost  System," 
(Appendix  F),  provides  in  Section  (d)  of  Article  3 

that  the  Architect  shall  be  paid  " 

per  cent  of  item  (a)  of  this  article"  as  reimbursement 
for  overhead. 

If  the  Architect  is  to  know  what  percentage  it  is 
equitable  to  name  in  the  above  clause,  he  must  have 
ascertained  from  his  own  practice  the  ratio  of  his 
overhead  (d),  to  the  cost  of  his  draughting,  etc.,  (a), 
over  a  given  period. 

It  is  obvious  that  the  ratio  of  indirect  to  direct 
costs  will  vary  considerably  in  different  offices  at  the 


TIME  RECORD 

DOE  AND  ROE  ARCHITECTS  SAN  GALLO  TEXAS 


NAME                 .      . 

W 

EEK  E 

NDIN< 

19 

SAT. 

6  UN. 

mOn 

Tues. 

WED. 

THuns 

Fflr. 

TOTAL 
EXTRA 

TOTAL 

R      T  . 

0    T 

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0.  T. 

n.  T 

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R    T. 

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R    T. 

0.  T. 

Uote.  f-J.  iaiXcitci  KefiUar  Tim* ,  O.T ,  ''ver-Ttm*. . 

Exhibit  15 


time  thus  shown  as  spent  upon  the  several  works 
in  the  office  be  transferred  to  a  "Cost  Record"  such 
as  Exhibit  No.  16,  the  Architect  learns  without  great 
labor  or  expense  what  he  wishes  to  know. 

Interesting  information  is  to  be  had  from  such  a 
process  in  each  case  to  which  it  is  applied. 

If  such  information  be  classified  and  summarized 
for  a  period  of  years,  it  is  of  great  value  as  showing 
the  ratio  of  overhead  to  direct  costs,  of  direct  costs 
to  gross  receipts,  etc.,  not  merely  in  the  individual 


same  time,  and  in  the  same  office  at  different  times. 
I  bus,  other  things  being  equal,  an  office  paying  a 
high  rent  per  square  foot  will  have  a  higher  overhead 
than  one  paying  less.  If  in  the  same  office  a  normal 
volume  of  business  be  largely  increased  or  decreased, 
the  indirect  costs  not  changing  greatly,  their  ratio 
to  the  direct  costs  will  correspondingly  decrease  or 
increase.  Thus  with  a  normal  volume  of  work  the 
Architect's  overhead  may  be  75  per  cent  of  his  direct 
costs,  while  with  a  change  of  volume  it  may  rise  to 


35 


DOE    fit  ROE  •  ARCHITECTS     :     SAN   CALLO  •  TEXAS 

c'-vv  COST   RECORD  -^^d 

FILE  NO.                BUILDING 

Date 

Name,  of  Man, 

Rate 
perHr 

Hours 
Drwg. 

Cost  of 
Drawing 

Hours 

Spec. 

Cost  of 
Specifications 

Hours 
Spvn. 

Cost  of 
Supervision 

Total  Cost 

'Brought:  Forward 

Total  Forward. 

'                         •                                                                              1 

Exhibit  :6 


36 


THE  ARCHITECT'S  OFFICE 


lOO  per  cent  or  fall  to  50  per  cent.  It  is  wise  to  cal- 
culate the  average  percentage  of  overhead  for  a 
period,  of  say  a  year;  for  if  it  be  calculated  monthly 
it  will  be  found  to  vary  greatly,  running  up  quite 
abnormally  at  certain  times,  as  during  the  months 
when  draughtsmen  are  on  vacation. 

In  determining  the  relation  of  overhead  to  the  cost 
of  draughting,  etc.,  some  Architects  take  the  view 
that  the  cost  of  the  individual  draughtsman's  services 
bears  no  very  direct  relation  to  overhead,  since  a 
draughtsman  earning  a  low  salary  takes  up  the  same 
space  in  the  office  and  gives  rise  to  the  same  amount 
of  bookkeeping,  correspondence  and  other  overhead 


charges  as  does  one  earning  a  high  salary.  They 
therefore  relate  the  total  number  of  hours  spent  in 
draughting,  etc.,  (a),  during  a  given  period,  to  the 
overhead,  ('</j,of  that  period.  This  is  done  by  dividing 
the  overhead  expense  of  such  period  by  the  total 
number  of  man  hours  consumed  in  all  their  work  in 
(a),  the  result  being  a  constant  which  added  to  the 
cost  of  any  specific  man  hour  gives  the  cost  of  that 
hour's  service  plus  overhead. 

Architects  using  this  method  are  of  the  opinion 
that  it  distributes  the  expense  of  overhead  most 
equitably  among  the  several  works  in  the  office. 


Chapter  Fourteen 

Bookkeeping  for  Architects 


It  is  not  the  purpose  here  to  offer  instruction  in  the 
art  of  bookkeeping.  On  the  contrary,  it  is  to  be 
assumed  that  the  reader  intending  to  make  use  of 
this  chapter  has  some  knowledge  of  bookkeeping  or 
that  he  will  inform  himself  of  its  principles. 

The  Architect  entering  upon  practice  finds  it 
necessary  to  have  a  record  of  receipts  and  expen- 
ditures and  unconsciously  drops  into  the  series  of 
memoranda  known  as  single-entry  bookkeeping. 
Now  while  it  is  true  that  some  professional  men, 
such  as  trustees,  not  interested  in  profits  and  losses, 
get  on  with  no  more  efficient  system,  its  use  by  others 
is  probably  due  to  the  fact  that  they  have  never 
realized  that  by  taking  some  instruction  in  the 
double-entry  method  they  might  have  at  hand  a 
greatly  superior  means  of  knowing  the  status  and 
results  of  their  business  and  at  no  greater  expenditure 
of  thought  and  labor. 

The  method  of  single  entry  is  discredited  because 
it  is  so  easy  to  omit  an  entry  without  knowing  it 
or  to  make  an  entry  on  the  wrong  side,  or  to  make  a 
mistake  in  figures,  since  it  is  impossible  to  prove  the 
correctness  of  the  accounts  by  a  trial  balance  or 
to  cause  the  books  themselves  to  disclose  profit  and 
loss. 

The  double-entry  system  is  so  much  more  efficient, 
safe,  and  satisfactory  that  its  use  is  here  assumed. 

An  Architect,  unless  he  have  a  knowledge  of  book- 
keeping or  is  in  position  to  employ  a  competent  book- 
keeper, should,  in  opening  a  set  of  books,  seek  the 
advice  and  instruction  of  an  accountant,  for  by  so 
doing  he  will  be  set  upon  the  right  path  and  given  the 
guidance  to  follow  it.  But  as  accountants  have 
generally  a  much  more  intimate  knowledge  of  com- 


mercial bookkeeping  than  of  architectural,  it  may  be 
well  to  point  out  some  of  the  chief  differences  between 
the  two,  as  well  as  some  of  the  peculiarities  of  the 
latter. 

J  Primary  Difference. 

While  the  principles  of  double-entry  bookkeeping 
are  the  same  for  a  professional  office  as  for  busi- 
ness in  general,  there  is  a  marked  difference  in  the 
items  represented.  In  business,  commodities  are 
bought  and  sold.  They  are,  as  a  rule,  at  once  charged 
or  credited.  While  a  stranger  to  the  Architect's 
work  might  easily  see  that  the  things  paid  for  are 
office  supplies,  the  services  of  draughtsmen,  rent,  etc. 
it  would  be  difficult  for  him  to  discover  what  is  sold. 
He  might  at  first  suppose  it  to  be  drawings  and  speci- 
fications. These,  however,  are  not  sold;  they  are  but 
the  instruments  of  that  service  for  which  the  Archi- 
tect is  paid.  He  finds  nothing  definite  to  charge 
against  the  client,  especially  as  the  Architect's  com- 
mission is  usually  a  percentage  upon  the  cost  of  the 
work,  a  cost  not  krcvr'  i-ntil  the  work  is  completed. 

The  merchant,  on  making  a  sale,  bills  the  article 
sold  to  the  purchaser  and  charges  him  with  its  value. 
The  Architect,  on  being  commissioned,  has  delivered 
nothing  of  value.  He  does  not  send  his  first  bill  nor 
make  the  first  entry  in  his  books  until  a  definite 
portion  of  his  service  has  been  rendered. 

Broadly  speaking,  if  the  merchant  adds  his  bills 
and  accounts  receivable  to  the  value  of  his  stock 
on  hand  and  deducts  the  bills  and  accounts  payable 
he  finds  his  worth.  The  Architect  has  no  stock  on 
hand  and  must,  as  explained  later,  go  through  a 
careful  process  of  estimating  the  value  of  ser\-ices 


37 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


performed,  but  not  yet  billed,  to  find  the  equivalent 
of  the  merchant's  value  of  stock  on  hand. 

The  Architect's  chief  books  of  account  are,  like 
those  of  the  merchant,  a  cash-book,  a  journal,  and  a 
ledger.  Perhaps  the  peculiarities  of  an  Architect's 
bookkeeping  may  best  be  made  clear  by  considering 
each  of  these  books  in  turn. 

The  Cash-book  is  the  place  of  entry  of  all  items  of 
outgoing  or  incoming  cash.  In  it  must  be  written  in 
detail  all  that  is  shown  in  general  or  private  check- 
books or  in  subsidiary  cash-books. 

Two  definitions  will  now  be  in  order.  For  the 
Architect  as  bookkeeper,  "services"  or  some  other 
name  used  for  that  account  means  the  cost  of  (a) 
draughting  and  verifying  shop  drawings;  {b)  pro- 
ducing the  manuscript  of  specifications;  and  (c) 
supervising  work  in  course  of  execution.  Overhead 
means  not  items  such  as  travel,  engineers'  fees,  etc., 
reimbursable  by  a  client,  but  costs  such  as  rent, 
stenography,  blue  printing,  supplies,  postage,  etc., 
not  thus  capable  of  apportionment.  These  state- 
ments conform  to  the  provisions  of  Appendices  F  and 
G,  and  of  Chapter  13. 

In  the  light  of  these  definitions  it  will  appear 
that  the  most  convenient  method  for  keeping  the 
credit  side  of  the  cash  book  (the  outgo)  is  in  three 
columns,  one  for  "services,"  one  for  "overhead"  and 
one  for  individual  items.  This  saves  much  posting, 
as,  at  the  end  of  the  month,  the  total  of  the  "services" 
and  of  the  "overhead"  columns  are  posted  to  the 
debtor  of  "services"  account  or  of  "overhead" 
account  in  the  ledger.  From  the  individual  column, 
each  item  is  posted  directly  to  its  respective  account. 
In  that  column  are  entered  amounts  drawn  by  the 
Architect  for  personal  use,  costs  chargeable  to  clients, 
and  everything  that  is  to  go  to  the  debtor  of  any 
account  not  "services"  or  "overhead." 

Fees  paid  to  engineering  experts  should  be  charged 
in  the  column  of  individual  items  of  the  cash-book. 
Separate  accounts  for  such  persons  will  be  kept  in 
the  ledger,  and  the  necessary  journal  entries  will  be 
so  worded  as  to  show  which  of  the  items,  being  borne 
by  the  Architect,  must  go  to  "services"  account  and 
which,  being  reimbursable  by  the  Owner,  must  go  to 
his  account,  as  explained  subsequently  under  the 
heading  "journal." 

Another  class  of  items  to  be  put  in  the  individual 
column  of  cash  credits  may  be  described  as  follows: 
It  is  advisable  to  keep  in  the  ledger  a  separate  account 
for  articles  purchased  or  improvements  made  which 
it  is  not  desired  to  charge  off  out  of  the  profits  of  the 
current  year.  Such  items  may  be  furniture,  type- 
writing machines,  permanent  fixtures,  books,  drawing 
boards,  etc.,  all  of  which  may  be  reasonably  expected 


to  do  service  over  a  period  of  years.  This  account 
may  well  be  termed  "furniture  account."  A  definite 
term  of  years  in  which  the  cost  of  these  articles  is 
to  be  amortized  should  be  determined  upon.  If  it  is 
to  be,  say,  five  years,  then  one-fifth  of  the  former 
cost  should  be  written  off  in  the  settlement  at  the  end 
of  each  year.  The  cost  of  insurance,  usually  written 
for  a  term  of  five  years,  can  well  be  carried  in  this 
account  and  similarly  absorbed. 

On  the  debtor  side  of  the  cash-book  there  need  be 
but  one  column,  as  nearly  all  entries  are  of  payments 
from  clients.  These  are,  of  course,  posted  separately, 
just  as  the  cash  is  posted  from  the  individual  column 
at  the  credit  side  of  the  cash-book. 

One  kind  of  charge,  troublesome  though  small,  is 
railroad  mileage  to  be  paid  for  by  clients,  used  out  of 
mileage  books  already  paid  for  and  charged  to  "over- 
head." If  we  should  charge  these  items  as  so  much 
cash  with  the  actual  cash  used  on  the  trip,  the  balance 
of  cash  will  be  disturbed,  for  we  are  charging  once  to 
"overhead"  and  once  to  the  client  and  paying  only 
once.  If,  however,  we  charge  to  the  client,  in  the 
individual  cash  credit  column,  cash  expended  ^17.50, 
mileage  used  ^20,  in  all  ^37.50,  and  on  the  debtor 
side  of  cash  place  the  ^20  to  "overhead"  account,  for 
mileage,  thus  crediting  that  account  with  the  portion 
used,  the  whole  book  already  having  been  charged  to 
that  account,  we  thus  make  two  similar  cash  entries 
which,  though  no  cash  has  been  spent,  balance  each 
other.  Should  mileage  be  used  as  "overhead," 
where  no  client  is  to  refund  it,  no  entry  need  be 
made  as  the  portions  used  have  already  been 
charged. 

Architectural  practice  differs  from  business  in  that 
cash  is  seldom  received.  It  is  unusual  for  a  client  to 
pay  except  by  check.  Here  arises  a  slight  difficulty 
easily  overcome.  The  outgo  of  an  office  is  in  both 
cash  and  checks,  but  cash  is  frequently  required  for 
wages,  etc..  Subsidiary  cash-books  may  be  used  as 
occasion  requires,  always  conditioned  upon  their 
total  amount  being  transferred  in  detail  to  the  main 
cash-book  and  there  balanced  monthly  in  the  general 
cash  settlement.  In  the  large  office  it  may  be  assumed 
that  at  least  two  minor  cash-books  will  be  used. 
Cash  may  be  drawn  by  check  for  the  first  minor  book, 
such  checks  being  disregarded  except  in  verifying  the 
bank-balances,  since  the  cash  thus  drawn  balances 
the  checks  in  the  general  cash  settlement.  Small  items 
for  postage,  express  charges,  etc.,  all  of  which  are 
"overhead,"  need  not  be  posted  separately.  There- 
fore, the  first  minor  cash-book  can  pay  over  to  a 
second  amounts  as  required,  such  amounts  being, 
as  handed  over  to  the  second  book,  charged  on  the 
first  to  "overhead."    Nothing  need  therefore  be  done 


38 


THE  ARCHITECT'S  OFFICE 


on  the  books  in  regard  to  number  two.  This  simpli- 
fies and  makes  quite  flexible  the  cash  system  and  does 
not  interfere  with  the  doiililc-entry  set.  The  second 
minor  cash  is  tluis  not  a  subsidiary  l)iit  an  auxibary. 
Any  niimlicr  of  auxibaries  may  be  kept,  being  merely 
aids  to  memory. 

The  Journal  does  not  diflfer  from  that  of  ordinary 
business  except  that  it  deals  with  less  tangible  items. 

The  cash-book  simply  places  the  amount  of  cash 
on  either  side  of  an  account,  and  in  the  case  of 
individual  accounts  this  indicatesthat  something  has 
already  been  given,  one  way  or  the  other,  for  this 
cash.  We  must  therefore  get  a  counter  entry  to  each 
of  these,  either  before  or  after  the  cash  passes.  In  the 
case  of  persons  performing  services  (not  wages,  etc., 
which  go  directly  to  "services"  account)  such  as 
experts'  fees,  a  journal  entry  must  be  made  such  as 
"Services  to  F.  E.  Jones  $400."  Mr.  Jones  has  been 
charged  with  }?400  paid  to  him,  and  this  credits  him 
with  }<400  for  services,  thus  concluding  the  trans- 
action with  him,  while  "services"  account  is  thus 
charged  with  the  $400.  On  the  other  hand,  when  a 
charge  is  to  be  made  against  a  client,  that  is,  when  a 
bill  is  rendered,  an  entry  must  be  made  such  as 
"Thos.  Handford  to  Services  5^4,236."  This  charges 
Mr.  Handford  with  the  amount,  and  when  Mr. 
Handford  pays  that  amount  he  will  be  credited  and 
thus  this  particular  item  will  be  balanced  while  the 
amount  goes  to  the  credit  of  "services"  account. 
This,  it  will  be  seen,  places  to  the  credit  of  "services" 
amounts  that  come  in  for  commissions  from  clients, 
while  on  the  other  side  go  all  amounts  paid  out  for 
draughting,  experts,  etc. 

All  adjustments  are  made  through  the  journal 
since  it  is  possible  to  transfer  any  item  from  any 
account  to  any  other  by  an  entry  such  as  the  above. 
All  the  adjustments  at  the  end  of  the  year  are  also 
made  through  the  journal.  It  will  be  seen  that  the 
account  called  "services"  is  really  a  clearing-house 
account  during  the  year  in  regard  to  services  rendered 
or  received.  The  profit  and  loss  account  is  the 
clearing-house  through  which  the  final  settlement  Is 
effected  at  the  end  of  the  year  and  the  amount  of 
profit  ascertained.  At  that  time  the  balances  of  all 
adjustment  accounts  either  way  are  written  by 
journal  entries  into  profit  and  loss  and  these  accounts 
closed.  Such  accounts  are  "services,"  "overhead," 
"interest,"  "furniture,"  and  such  others  as  it  seems 
best  to  run  separately  from  "overhead."  If  the 
balance  from  "services"  account  is  large  enough  on 
the  credit  side  to  overcome  the  total  of  balances  of 
other  adjustment  accounts,  there  is  shown  a  "book" 
profit.  If  not,  then  there  is  a  "book"  loss  for  the 
year.     Herein  there  is  a  great  difference  between 


an  Architect's  books  and  those  of  ordinary  business. 
In  the  latter,  on  the  last  day  of  the  fiscal  year,  every- 
thing sold  that  can  be  delivered  has  been  charged. 
With  the  Architect  it  is  not  so.  Most  of  his  clients 
would  owe  him  money  if  he  could  charge  up  and  bill 
the  work  he  had  done,  and  here  is  the  difference  in 
stock-taking.  In  commerce  an  account  is  taken  of 
everything  on  hand  not  yet  sold,  while  the  Architect 
takes  stock  of  only  what  has  been  earned  though  it  is 
not  yet  even  chargeable. 

After  having  ascertained  the  "book"  profit  or  loss 
for  the  year,  which  means  that  profit  and  loss  amount 
has  been  balanced  and  brought  down  in  one  amount 
we  then  have  only  the  estimated  accounts  to  adjust. 
On  the  one  hand  an  estimate  is  made  of  all  such 
earned  amounts.  The  entry  is  "estimated  services  to 
profit  and  loss,"  "estimated  services"  being  a  special 
separate  account.  The  total  on  each  side  is  made  up 
of  the  sum  of  all  such  estimated  accounts.  For 
instance,  for  one  client  we  may  be  just  completing 
preliminary  sketches,  and  we  put  down  one-fifth  of 
6  per  cent  on  5535,000.  Another  has  paid  for  pre- 
liminary work  and  as  we  have  finished  about  half  of 
the  working  drawings  and  specifications,  we  estimate 
one-half  of  two-fifths  of  6  per  cent  on  )58o,ooo.  When 
we  have  gone  through  every  client's  account  and  put 
down  what  has  been  done  since  the  last  amount  was 
billed  and  entered  on  the  books  (but  not  necessarily 
yet  paid),  we  have  the  total  of  "estimated  services  to 
profit  and  loss."  Now  if  we  take  the  other  side  of  the 
account,  "profit  and  loss  to  estimated  services,"  we 
will  have  to  go  through  a  similar  process  of  estimating 
in  regard  to  debts  incurred  by  the  Architect  but  not 
yet  charged  on  the  books,  as  for  instance,  the  services 
of  experts  or  commissions  to  associates.  Any  similar 
services  which  have  not  been  put  upon  the  books 
will  have  to  be  included  in  this  account. 

The  year's  profits  now  appear  in  "profit  and  loss" 
account  as  follows: 

B.iiance  of  "profit  and  loss"  credit,  amount  of  "book" 

profit,  say $10,620.00 

"Profit  and  loss"  Cr.  by  "estimated  services,"  say...     19,796.00 

$30,416.00 
Less  "profit  and  loss"  Dr.  to  "estimated  services," 
say 2,297.00 

Actual  net  profit  for  the  year $28,119.00 

In  disposing  of  this  amount,  a  reasonable  sum 
should  be  set  aside  to  the  credit  of  a  guarantee 
account  to  be  used  against  bad  debts  or  any  un- 
foreseen losses  and  to  make  good  the  resultant  cost 
of  Architect's  errors.  If  not  needed  such  sums  can  at 
any  time  be  written  over  pro  rata  to  the  accounts 
of  the  members  of  the  firm. 


39 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


We  will  assume  three  partners  interested,  but  not 
equally  in  the  distribution  of  the  above  ^28,119. 
Then  we  put  to  the  credit  of 

Guarantee  account ?2,lig.oo 

Partner  No.  I  say  40  per  cent 10,400  00 

Partner  No.  2  say  35  per  cent 9,100.00 

Partner  No.  3  say  25  per  cent 6,500.00 

$28,119.00 

This  total  is  written  to  the  debtor  of  "profit  and 
loss"  and  will  close  that  account.  The  separate 
items  are,  of  course,  credited  to  the  respective 
accounts. 

To  commence  the  next  year,  reverse  the  estimated 
items;  that  is,  close  the  "estimated  services"  account 
by  these  entries: 

"Services"  to  "estimated  services" $19,796.00 

"Estimated  services"  to  "services" 2,297.00 

This  means  that  the  work  estimated  and  con- 
sidered as  done  in  the  year  just  closed,  which  is  thus 
debited,  must,  when  paid  for  by  clients,  be  credited 
to  "services"  account,  thus  balancing  the  accounts. 
The  same  with  the  estimated  cost  of  commissions  to 
associates,  expert  fees,  etc.  When  these  have  been 
paid,  the  entries  will  balance  the  total  estimate,  and 
though  perhaps  running  through  a  great  part  of  the 
new  year  they  will  not  in  any  way  affect  it  or  inter- 
fere with  the  many  entries  by  which  they  will  be 
surrounded.  This  is  one  of  the  most  interesting  and 
neatest  operations  in  bookkeeping  in  an  Architect's 
office. 

The  Ledger  of  an  Architect  is  not  essentially  dif- 
ferent from  that  of  a  merchant  except  as  already 
explained. 

The  Trial  Balance,  a  ready  and  invaluable  method 
of  discovering  errors  in  the  books,  is  taken  from  the 


ledger  accounts  at  the  end  of  each  month.  As  no 
entry  is  made  on  either  side  of  ledger  accounts  with- 
out a  compensating  entry  or  entries  on  the  other  side 
it  follows  that  the  totals  of  all  the  amounts  on  each 
side  are  equal.  If  we  take  the  total  of  the  balances 
which  are  to  the  credit  of  accounts  and  do  the  same 
with  those  which  are  to  the  debtor  the  amounts  must 
agree.  If  they  do  not,  there  are  one  or  more  errors 
in  the  book  work  of  the  month.  These,  however,  can 
invariably  be  found.  The  principle  of  the  trial 
balance  varies  in  no  respect  in  any  set  of  books — 
business  or  professional. 

Annual  Statement. 

Whenever  the  books  are  closed,  whether  it  be  for  a 
period  of  one  year  or  less,  a  summary  of  results 
should  be  made  from  them  furnishing  information 
as  to  at  least  the  following  matters: 

Receipts 

Reimbursements  for  travel,  experts,  etc $5,000 

Fees  for  services  of  firm,  estimated  as  previously 

explained 5 '>!  '9 

Minor  receipts 2,000 


Gross  Receipts $58,119 

Expenditures 

Cost  of  travel,  experts,  etc.,  reimbursed $5,000 

Direct  costs,  estimated  as  previously  explained. .  15,000 
Indirect  costs  or  "overhead"  estimated  as  ex- 
plained above 10,000 


$30,000 


Profits  as  previously  shown $28,1 19 

Less  profits  shared  with  employees  and  associates $4,1 19 

Net  profits  divisible  among  members  of  the  firm $24,000 

Ratio  of  net  profits  to  gross  receipts  minus  reimburse- 
ments ($24,000  to  $58,119) 45io% 

Ratioof  "overhead"  todirect  costs  ($io,oooto$i5,ooo).  66|  % 
Ratio   of   "overhead"    to    all    expenses   except    travel, 

experts,  etc.,  reimbursed  ($10,000  to  $25,000) 40% 


40 


SURVEYS,  PRELIMINARY  STUDIES  AND  ESTIMATES 


Part  III 


SURVEYS,  PRELIMINARY  STUDIES  AND  ESTIMATES, 
WORKING,  DRAWINGS  AND  SPECIFICATIONS 

Chapter  Fifteen 

The  Survey  and  Information  to  be  Furnished  by  the  Owner 


In  the  Institute's  forms  of  Agreement  between 
Owner  and  Architect,  and  indeed  in  any  properly 
drawn  form  of  such  agreement,  there  occurs  a  stipu- 
lation such  as  the  following: 

"The  Owner  shall  furnish  the  Architect  with  a  complete  and 
accurate  survey  of  the  huilding-site,  giving  the  grades  and  lines 
of  streets,  pavements,  and  adjoining  properties;  the  rights,  res- 
trictions, easements,  boundaries,  and  contours  of  the  building- 
site,  and  full  information  as  to  sewer,  water,  gas,  and  electric 
service." 

Such  stipulation  is,  however,  merely  the  formal 
record  of  a  well-established  custom  and  of  an  obvious 
duty  of  the  Owner. 

At  an  early  day  the  Architect  should,  in  writing, 
ask  the  Owner  to  furnish  the  above  survey  and 
information  and  should  draw  his  attention  to  the 
importance  of  employing  a  competent  surveyor.  He 
ought  to  call  the  Owner's  attention  to  the  necessity 
for  careful  search  and  extreme  accuracy  in  the  legal 
information  to  be  furnished.  The  Architect,  if  he 
thinks  it  well,  may  inform  the  Owner  that  he  will, 
if  desired,  furnish  detailed  instructions  for  the  use 
of  the  surveyor. 

The  Architect,  if  he  should  deem  it  wise  to  do  so, 
may  verify  the  information  given  to  him  as  to  sewer, 
water,  gas,  and  electrical  service,  but  he  should  secure 
such  verification  in  writing  from  the  appropriate  city 
departments  of  public  utilities  companies. 

The  case  as  to  the  accuracy  of  the  survey  and  of 
the  information  furnished  by  the  Owner  as  to  the 
rights,  restrictions,  and  easements  of  the  site  is 
different,  since  a  verification  could  scarcely  be  within 
the  province  of  the  Architect.  Many  instances  of 
trouble  and  expense  due  to  the  failure  of  the  Owner 
to  furnish  complete  and  accurate  information  might 
be  cited,  but  that  in  Chapter  Seven  will  suffice.  In 
that  case  the  Architects  state:  "It  was  only  through 
our  having  requested,  in  advance,  information  on 
all  restrictions  that  we  were  held  blameless." 


The  Architect,  in  preparing  his  instructions  to  the 
surveyor,  may  find  assistance  and  reminders  in  the 
following: 

Check-List  for  Instructions  to  the  Surveyor 
Boundaries 

Show  boundaries  of  property  as  indicated  by 
existing  landmarks  and  by  recorded  deeds. 

Boundary  and  Other  Roads 

{a)  Show  all  existing  railroads,  roads,  and  private 
rights  of  way,  all  traveled  ways,  turf-planting  strips, 
curb  walks,  street  railways,  lamp-posts,  electric-wire 
posts,  fire-hydrants,  manhole  covers,  and  catch- 
basins. 

{b)  Indicate  exact  location  of  all  sewers,  water  and 
gas-mains  and  of  street  connections  to  them;  state 
sizes  of  water  mains;  size  and  location  of  water-taps 
and  service  stub  at  curb;  size  and  depth  of  sewers; 
if  last  is  not  available  in  front  of  property,  then  give 
depth  and  size  of  sewer  and  direction  of  flow  as  found 
in  manhole  nearest  in  each  direction.  If  any  of  this 
data  is  unobtainable,  state  at  least  whether  such 
mains  exist  or  not  in  each  street. 

(f)  Indicate  width  of  traveled  ways,  sidewalks, 
and  planting-strips. 

Interior  Features 

Indicate  all  interior  roads,  drives,  walks,  culti- 
vated areas,  fences,  walls,  pits,  quarries,  hedges, 
large  boulders,  ditches,  culverts,  catch-basins,  water- 
courses, ponds,  swamps,  springs,  wells,  cisterns, 
hydrants,  lamp-posts,  electric-wire  poles,  outlines 
of  all  buildings,  etc.  Furnish  full  information  as  to 
all  water-,  gas-,  and  sewer-pipes  and  electric-supply 
lines,  or  make  note  if  any  exist. 


41 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


Location  of  Trees  and  Foliage 

(a)  Indicate  on  map,  by  sketch,  freehand  line, 
approximate  extent  of  overhang  of  branches  of  iso- 
lated trees,  of  masses  of  trees  and  high  bushes. 
Show  all  isolated  trees  over  3  inches  in  diameter  of 
trunk. 

{b)  Show  all  principal  trees  along  fence-lines. 

Elevations 

(a)  Give  figure  of  elevation  to  nearest  tenth  of  a 
foot  of  normal  surface  of  water  in  ponds,  brooks,  and 
swamps. 

(b)  At  bottom  of  every  culvert,  on  top  of  retaining 
walls,  at  grade  crossings  of  railroad,  and  at  overhead 
or  under-crossing  bridges,  as  well  as  established 
grades  at  curbs  and  building  Imes. 

(f)  Of  first  floor  and  of  basement  or  cellar  floor 
of  all  buildings  and  of  the  ground  at  their  entrances 
and  at  foot  of  steps  connected  with  same. 

(d)  At  top  and  bottom  of  all  outside  flights  of  steps. 

(e)  Along  lines  of  all  roads  bounding  upon,  leading 
to,  or  within  the  property,  with  sufficient  frequency 
to  indicate  gradients. 

(/)  At  base  of  all  surveyed  trees. 

(g)  If  there  be  buildings  adjoining  the  site,  give 
their  floor-levels. 

Contours 

Show  contour  lines  for  each  foot  of  elevation, 
except  on  very  steep  banks,  where  they  may  be  for 
each  5  feet  of  elevation. 

Datum 

From  the  official  datum  establish  bench-marks 
for  use  in  running  levels. 


Easeynents 

Clearly  and  fully  describe  all  rights,  restrictions 
easements,  etc.,  of  the  Owner's  property,  or  any 
other  facts  relative  to  it  that  may  aff'ect  the  Archi- 
tect's work. 

Party  Walls 

Show  all  party  walls,  their  location,  thickness, 
height  and  variation  from  plumb-lines. 

Draughting 

The  map  is  to  be  in  ink  on  tracing-cloth  at  scale 
of  —  feet  to  the  inch. 

No  water-color  to  be  used. 

True  magnetic  meridians  to  be  shown  by  simple 
arrows  on  margin  of  map. 

The  title  to  be  in  small  letters  on  lower  left-hand 
margin,  giving  Owner's  and  surveyor's  names  and 
date,  and  scale  of  map. 

As  the  Owner  pays  the  cost  of  borings  or  test-pits 
or  experiments  for  determining  the  nature  and  bear- 
ing capacity  of  the  soil  on  which  the  building  is  to 
be  erected,  the  Architect,  in  this  connection,  if  such 
instructions  have  not  been  included  in  those  given 
to  the  surveyor,  should  ask  the  Owner's  authority 
to  employ,  on  his  behalf,  the  necessary  expert  or 
labor  and  should  issue  proper  instructions  as  to  the 
way  of  carrying  on  the  work  and  the  facts  to  be 
determined. 

If  the  building  is  to  be  leased  m  whole  or  in  part, 
copies  of  the  lease  or  leases  should  be  furnished  by 
the  Owner  to  the  Architect  in  case  they  in  any  way 
afl^ect  the  work  of  the  latter  or  of  anv  contractor. 


Chapter  Sixteen 

The  Survey  of  an  Existing  Building 


When  a  building  has  to  be  altered  or  extended, 
the  Architect  must  procure  a  survey  of  it.  In  most 
cases  such  a  survey  will  be  needed  even  before  the 
preliminary  studies  are  commenced.  Of  use  in  this 
connection  may  be  found  the  following: 

ORDER  TO  AN  ARCHITECT'S  SURVEYING  PARTY 
Equipment 
The  party  will  be  equipped  with  the  items  checked  below: 

50-foot  tape, 

100-foot  tape, 

6-foot  foldiiiR  rule, 

12-foot  mtasuring-rod. 

Plummet  and  cord, 

Transit,  tripod,  and  rod, 


Sheets  of  cross-section  paper, 
A  camera  and  films. 

Measurements  and  Information 

The  party  will  collect  such  of  the  following  measurements  and 
information  as  may  be  necessary  to  a  complete  survey  and  any 
other  not  there  named  but  necessary. 

Outside  Dimensions 

Take  through  measurements  wherever  possible.  Always  take 
running  measurements. 

Height  from  an  established  point  to  top  of  cornice  or  eaves  and 
to  top  of  adjoining  buildings  on  either  party  line. 

Material  and  general  condition  of  walls  and  roofs. 

State  whether  there  are  any  party  walls  and  if  so,  where;  obtain 
thickness  ol  same  at  each  floor. 

Height  of  first  floor  Irom  grade  at  all  corners  of  buildings. 


42 


SURVEYS,   PRELIMINAEY  STUDIES  AND  ESTIMATES 


Location  of  all  doors  and  window  openinKs,  and  width  and 
height  of  same,  in  clear;  iiiatirial  of  outside  sills — stone,  brick, 
wood,  etc.  In  stone  or  brick  walls  the  measurements  shall  be 
those  of  the  masonry  openinRs. 

Note  outside  shutters  and  blinds. 

Number,  dimensions,  material,  and  condition  of  outside  steps. 

Location  of  outside  cellarway,  and  condition. 

Location  of  water-drains  and  rain  conductors;  material  and 
condition  of  conductors  and  roof-butters;  locati(jn  and  condition 
of  water-draws  and  hydrants. 

If  impossible  to  obtain  e.vact  height  of  chimneys  from  roof, 
obtain  approximate  height,  where  of  brick,  by  counting  courses. 

Porches 

Len(;th  and  width;  if  supported  on  piers  or  posts,  obtain  loca- 
tion and  dimensions  of  same.  Dimensions  and  distance  on  cen- 
ters, of  columns  or  posts,  and  balusters;  dimensions  of  railings 
and  height  of  railings  and  cornice  or  eaves.  Material  of  floor,  and 
condition.    Number,  dimensions,  and  material  of  porch  steps. 

Inside  Dimensions 

Take  as  many  through  measurements  as  possible,  to  serve  as 
checks.  Always  take  running  measurements.  Obtain  complete 
survey  and  data  of  each  room  before  leaving  it. 

Cellar 

Thickness,  material,  and  condition  of  outside  walls. 

Location  of  all  exterior  and  interior  openings,  window  measure- 
ments to  be  those  of  the  sash;  sill  heights  from  floor. 

Ceiling  height,  floor  to  bottom  of  joists. 

Location  and  dimensions  of  all  piers  and  dimensions  of  all 
girders. 

Size  of  joists,  spacing  on  centers,  and  direction  of  run. 

Material  and  condition  of  floor. 

Location  and  dimensions  of  coal-  and  ash-bins. 

Indicate  course  of  house-drain  and  points  where  house  sewer 
and  water-main  enter  building.     Note  position  of  floor-drains. 

Location,  make,  and  condition  of  furnace  or  boiler. 

Note  position  of  all  light  outlets,  gas-,  electric-  and  water- 
meters. 

First  and  Upper  Floors 

Dimensions  of  rooms  and  halls,  locating  all  doors,  windows  and 
arches.  Ceiling  heights  in  clear,  and  thickness  of  floor.  Indicate 
run  of  joists. 

Inside  dimensions  of  closets,  also  relation  of  dividing  partitions 
(in  a  row  of  closets)  to  closet  door. 

Thickness  of  all  partitions  and  exterior  walls,  also  material 
of  same.     Note  if  exterior  walls  are  furred. 

Note  if  windows  are  double-hung  or  casement,  reveal  or  plank 
front,  thickness  of  sash,  number  of  lights  per  sash,  quality  of 
glass,  distance  from  floor  to  bottom  of  sash,  sash  size  (width  and 
height).  Note  inside  blinds.  (Rough  detail  of  box  or  frame 
where  required.) 

Width,  height,  and  thickness  of  all  doors,  number  of  panels 
per  door,  general  character  and  condition.     Note  any  transoms. 

Dimensions,  material,  finish,  and  rough  detail  of  trim,  skirting, 
chair-rail,  picture-moulding,  and  wainscoting  in  each  room. 

Width  and  projection  of  all  chimney  breasts.  Height,  width, 
and  depth  of  fireplace  opening;  length  and  width  of  outer  hearth; 
material  and  condition  of  backs  and  jambs;  and  outer  and  inner 
hearths.     Height  and  character  of  mantels. 


Kind  and  condition  of  floor  in  each  room,  condition  of  ceiling; 
note  if  there  are  any  plaster  cornices  or  decorations,  if  walls  arc 
painted  or  papered. 

General  location  of  light  outlets,  receptacles,  switches,  tele- 
phones, bell-pulls,  speaking-tubes. 

Lxact  location  of  heat-registers  or  radiators. 

Dimensions  of  sideboards,  bookcases,  window-scats,  wardrobes 
and  any  other  furniture  built  into  the  building. 

Stairs 

Height  of  stories  floor  to  floor  and  landings  between  stories. 
(Get  running  line  of  these  heights  wherever  possible.) 

I  liickness  of  floors  and  direction  of  joists. 

Number  of  risers  in  each  flight  and  dimensions  of  riser,  treads 
and  landings. 

Kstablish  the  start  and  finish  of  each  flight  of  steps  from  some 
well-defined  point. 

Material,  condition,  character  and  general  detail  of  steps, 
posts,  handrails,  and  balusters. 

Kitchen 

Size  and  location  of  sink  and  drainboards. 

Size,  location,  make,  and  condition  of  range,  boiler,  and  water- 
heater. 

Size,  location,  and  general  character  of  dressers  and  slide  to 
pantry. 

Location  of  annunciator  and  number  of  points  on  same.  Gen- 
eral position  of  bells  or  buzzers  and  from  where  controlled.  Loca- 
tion of  telephone  or  speaking-tube. 

Pantry 

Size  and  location  of  sink  and  drainboards. 

Size,  location,  and  general  character  of  dressers. 

Location  of  annunciator  and  number  of  points  on  same.  Gen- 
eral position  of  bells  or  buzzers  and  from  where  controlled.  Loca- 
tion of  telephone  or  speaking-tube. 

Laundry 

Size,  location,  material,  and  condition  of  laundry-tubs. 

Size,  location,  make,  and  condition  of  laundry-stove  and 
clothes-dryer. 

Size  and  location  of  clothes-chute. 

C.oldroom 

Size,  make,  and  condition  of  refrigerator. 
Size  and  location  of  any  shelving. 

Plumbing 

Location  and  size  of  all  plumbing  fixtures,  medicine-closet, 
and  shower-bath  enclosures. 

Location  of  soil-pipe.  Plumbing  open  or  concealed.  Condi- 
tion of  plumbing. 

Attic 

Pitch  of  roof,  size  and  spacing  of  roof  rafters.  Location, 
material  and  condition  of  water-supply  tank.  Height  of  ridge 
board  from  upper  floor  if  possible. 

Pliotographs 

1  ake  such  general  views  as  may  seem  of  service. 

In  taking  views  of  details,  place  a  scale,  with  inches  plainly 
marked,  near  the  object  to  be  photographed. 

Note. — The  above  Check-list  applies  primarily  to  a  residence, 
and  may  be  modified  to  cover  the  requirements  of  any  other  type 
of  work. 


43 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


Chapter  Seventeen 

Preliminary  Studies  and  Models 


A  series  of  preliminary  sketches,  sometimes  a  long 
series,  has  usually  to  be  made  in  the  process  of  fully 
studying  the  possibilities  of  the  problem  and  in 
endeavoring  to  find  within  the  imposed  financial 
limits  a  solution  acceptable  alike  to  Owner  and  Archi- 
tect. The  final  set  of  sketches  should  express  with 
clearness  the  design  of  the  building  as  a  whole. 

Each  sketch  should  be  marked  with  its  file  number 
and  date,  and  each  series  of  sketches  should  have 
an  identifying  letter. 

Sketches  are  frequently  made  on  scraps  of  paper 
and  destroyed  as  soon  as  made.  This  is  an  unfortu- 
nate practice,  since  the  inspiration  of  the  moment 
thus  lost  might  on  further  study  prove  of  great  value. 
All  such  scraps  should  be  pasted  on  a  sheet  of 
standard  size  and  preserved.  Thus  the  Architect 
will  have  a  complete  and  interesting  record  of  the 
evolution  of  his  scheme  and  will  be  able,  should 
occasion  arise,  to  present  evidence  of  the  labor  and 
thought  given  to  the  problem. 

Preliminary  studies  should  be  amplified  by  per- 
spective sketches,  which,  however  roughly  and 
quickly  done,  will  prove  of  value  in  the  study  of 
composition  and  detail. 

Should  the  Owner  wish  to  have  a  perspective 
drawing  or  painting  made  by  an  artist  who  is  not 
a  member  of  the  Architect's  staff,  it  is  customary 
and  proper  that  he,  the  Owner,  should  bear  the 
expense  of  it. 

Owing  to  the  proneness  of  the  Owner  to  mislay 
sketches  or  to  keep  them,  the  Architect  should  have 


copies  made  for  his  own  use  before  presenting  the 
originals. 

Owing  to  the  fact  that  the  Owner  is  so  frequently 
unable  to  understand  sketches  and  drawings  and  is 
so  prone  to  take  erroneous  views  of  their  meaning 
and  of  the  wisdom  of  the  scheme  proposed,  the  Archi- 
tect should  himself  present  and  explain  them.  Many 
misunderstandings  and  much  trouble  will  thus  be 
avoided. 

Frequently  the  preliminary  studies  have  to  be 
amplified  by  models,  which  greatly  facilitate  the 
study  of  mass,  proportion,  scale,  and  the  relation 
of  parts. 

A  model  of  the  intended  building  may  be  found 
of  use  for  various  reasons,  as,  for  example: 

{a)  To  enable  the  Architect  the  more  fully  to 
study  his  work  before  or  while  making  the  working 
drawings. 

(b)  To  enable  the  Owner  the  better  to  understand 
the  design  of  the  building. 

(f)  To  interest  the  public  or  to  stimulate  subscrip- 
tions to  the  project. 

Models  are  made  at  the  cost  of  the  Owner,  but  the 
Architect  must  necessarily  furnish  all  information 
as  to  his  design,  and  he  should  supervise  the  con- 
struction of  the  model.  Models  frequently  prove 
their  value  by  forcing  changes  in  the  design.  If 
they  are  an  expense  to  the  Owner  they  are  equally 
so  to  the  Architect,  yet  in  spite  of  this  the  Architect 
should  insist  upon,  and  the  Owner  should  consent  to, 
their  construction  whenever  the  nature  of  the  case 
makes  such  a  course  advisable. 


Chapter  Eighteen 

Preliminary  Estimates 


One  of  the  Architect's  most  serious  tasks  lies  in 
estimating  the  probable  cost  of  the  work.  To  the 
Owner  the  reasonable  correctness  of  such  an  esti- 
mate is  of  prime  importance,  since  his  course  will 
be  guided  by  it.  It  is  as  true  today  as  it  was  in 
Shakespeare's  time  that 

"When  we  mean  to  build, 
We  first  survey  the  plot,  then  draw  the  model; 
And  when  we  see  the  figures  of  the  house, 
Then  must  we  rate  the  cost  of  the  erection; 
Which  if  we  find  outweighs  ability. 
What  do  we  then,  but  draw  anew  the  model 


In  fewer  offices;  or  at  least 
Desist  to  build  at  all." 

While  the  Owner  is  warned  by  his  agreement  with 
the  Architect  that  "no  estimate  made  before  the 
completion  of  working  drawings  and  specifications 
can  be  regarded  as  other  than  an  approximation," 
none  the  less,  the  Architect  should  see  to  it  that 
such  an  approximation  is  as  close  a  one  as  he  can 
make  or  secure. 

The  Architect  for  his  own  estimate  usually  adopts 
the  method  of  "cubage."    That  is  to  say,  he  mul- 


44 


SURVEYS,   PRELIMINARY  STUDIES  AND  ESTIMATES 


tiplics  the  niimhcr  of  ciiliic  feet  contained  within 
the  outer  surfaces  of  the  huiklinp;  hy  what  he  judges 
to  be  the  cost  per  cubic  foot.  Such  a  method,  rouf;h 
as  it  is,  if  applied  by  an  Architect  of  skill  and 
experience,  yields  in  the  early  stages  of  the  work, 
results  quite  as  correct  as  any  other.  The  difficulties 
of  assigning  a  reasonably  correct  price  per  cubic  foot 
is,  however,  very  great. 

Costs  on  the  same  type  of  structure  may  vary 
30  per  cent  within  a  year  on  account  of  changes  in 
the  market;  and  the  same  structure  may  cost  30 
per  cent  more  in  New  York  or  San  Francisco  than 
in  a  small  place  in  the  South  or  Middle  West. 

The  importance  to  the  Architect  of  accurate 
information  as  to  cubic-foot  prices  is  therefore  very 
great.  He  shoidd  keep  careful  records  of  such  costs. 
When  making  an  approximate  estimate  he  should 
use  them  and  whatever  similar  information  he  may 
be  able  to  obtain.  The  cubic-foot  method  is  valueless 
unless  based  on  live  and  reliable  information. 

As  there  is  no  generally  recognized  method  of 
cubing  a  building,  the  Institute  is  from  time  to  time 
asked  to  establish  a  standard. 

Perhaps  the  best  way,  when  there  is  nothing 
peculiar  about  either  the  building  or  its  foundations, 
is  that  indicated  above,  t.  e.,  to  calculate  the  entire 
cubic  contents  enclosed  within  the  outer  surfaces 
of  the  building,  regarding  the  cellar  floor  as  one 
of  them,  and  to  multiply  it  by  a  reasonable  average 
price  per  cubic  foot.  To  the  result  should  be  added 
the  estimated  cost  of  the  foundations,  if  unusual  in 
kind  or  amount.  If  any  variation  in  cost  per  cubic 
foot  be  thought  necessary  for  certain  parts  of  the 
building,  those  parts  ought  to  be  separately  cubed 
and  priced. 

If  the  Owner  desires  a  more  definite  approxima- 
tion of  cost  than   is  likely  to   be   reached   by  the 


method  of  cubage,  he  should  employ,  or  authorize 
the  Architect  to  employ  for  him,  trained  estimators 
and  the  Architect  should  so  operate  with  them  as 
to  provide  all  information  necessary  to  the  making 
of  a  fairly  accurate  estimate. 

If  at  the  time  of  making  the  preliminary  estimates 
it  has  been  decided  to  make  use  of  the  "Quantity 
System"  (see  Chapter  26),  the  problem  is  simpli- 
fied, as  the  making  of  such  estimates  is  a  part  of  the 
quantity  surveyor's  duty. 

If  the  Owner  impose  an  unconditional  limit  of 
cost,  it  is  the  Architect's  duty  to  use  every  effort  to 
make  the  work  conform  thereto,  but  he  should  have 
it  clearly  understood  with  the  Owner  that  in  such 
a  case,  as  stated  in  Appendix  B,  Article  2,  he  is  to 
be  free  to  make  such  adjustments  as  seem  to  be 
necessary  to  effect  that  end. 

Preliminary  estimates  are  a  test  of  intellectual 
honesty.  The  temptation  to  name  too  low  a  price 
in  fear  of  displeasing  the  Owner  or  in  the  hope  of 
luring  him  on  is  too  strong  for  some  minds.  Such  a 
course  leads  to  bitter  disappointment  on  opening  the 
proposals  and  to  the  heartbreaking  work  of  cutting 
all  that  is  best  out  of  a  design  to  get  a  lower  bid. 

All  the  above  being  true,  it  is  still  fair  to  warn  the 
Owner  that  opinions  as  to  the  value  of  a  given  piece 
of  work  may,  with  entire  honesty,  vary  greatly.  If 
the  highest  and  lowest  bidders,  with  careful  working 
drawings  and  specifications  before  them,  differ,  as 
they  often  do,  by  30  or  40  per  cent,  how  can  it  be 
wondered  at  that  preliminary  estimates  made  from 
mere  sketches  should  show  wide  variations  from  the 
lowest  bid.  Therefore,  while  the  Architect  owes  his 
best  effort  to  the  Owner  in  so  important  a  matter, 
the  Owner  must  in  justice  forbear  hasty  judgment 
if  the  Architect  fail  to  display  the  gift  of  divina- 
tion. 


Chapter  Nineteen 

The  Delivery  and  Acceptance  of  Preliminary  Studies.     The  Ordering,  Delivery,  and  Accept- 
ance of  Working  Drawings  and  Specifications 


From  the  legal  point  of  view,  proof  of  the  delivery 
of  preliminary  studies  or  of  working  drawings  and 
specifications  may  be  a  necessary  prerequisite  to  the 
collection  of  the  Architect's  fees.  Evidence  of  de- 
livery should  therefore  be  preserved,  but,  as  mere 
delivery  has  not  the  same  legal  import  as  acceptance, 
it  is  well  to  secure  from  the  Owner  a  formal  accep- 
tance or  approval.     This  distinction  is  discussed  in 


Chapters  26  and  27  of  Blake's  "The  Law  of  Archi- 
tecture and   Building." 

When  there  is  a  Building  Committee,  such  ap- 
proval takes  the  form  of  a  resolution,  a  copv  of  which 
should  be  furnished  to  the  Architect.  If  he  be  not 
furnished  with  it,  the  Architect  should  include  in  his 
minutes  of  the  meeting  a  statement  that  such  a  reso- 
lution was  adopted,  and  send  a  copy  of  the  minutes 


45 


THE   HANDBOOK  OF  PROFESSIONAL   PRACTICE 


to  the  chairman  or  secretary  of  the  committee.  In 
the  case  of  a  private  Owner,  whose  acceptance  is 
generally  oral,  it  is  well  in  writing  to  him,  to  note 
such  approval. 

While  an  order  to  proceed  with  working  drawings 
almost  necessarily  includes  the  idea  of  an  approval 
of  the  sketches,  the  converse  is  not  necessarily  true. 
Therefore,  it  is  wise  to  secure  an  order  so  to  proceed. 
If  such  order  is  not  in  writing,  it  is  well  for  the  Ar- 
chitect to  write  to  the  Owner  that  he  has  noted  the 
Owner's  instructions  and  that  he  is  proceeding  to 
make  such  drawings. 

In  the  absence  of  any  record  of  instructions  to 
proceed,  if  the  Owner  knows  that  the  Architect  is 
going  on  with  the  drawings  and  specifications,  and 
especially  if  he  confers  with  the  Architect  about 
them  or  gives  instructions  as  to  them,  such  facts 
may  be  regarded  as  tantamount  to  an  order  for 
them. 


Immediately  on  finishing  the  working  drawings 
and  specifications  the  Architect  should  deliver  a 
cbmplete  set  of  them  to  the  Owner  and  should  re- 
tain evidence  of  having  done  so.  Here,  again,  as 
noted  in  the  case  of  preliminary  sketches,  delivery 
and  acceptance  are  not  of  the  same  legal  import. 
The  Architect  ought  therefore  to  secure  acceptance 
or  approval  at  as  early  a  date  and  in  as  definite  a 
form  as  he  can. 

When  the  work  proceeds  in  a  formal  manner,  the 
approval  of  the  working  drawings  and  specifications 
is  generally  given  by  the  building  committee  in  a 
resolution  which  also  may  order  that  proposals  be 
invited.  Ordinarily,  however,  such  steps  are  less 
formally  taken,  the  Owner's  consent  to  the  asking  of 
proposals  being  good  evidence  of  his  satisfaction 
with  the  drawings  and  specifications,  and  the  letting 
of  the  contract  being  the  best  evidence  possible  of 
his  approval  of  them. 


Chapter  Twenty 

Working  Drawings 


The  Architect  owes  to  the  Owner,  and  to  all  who 
may  be  connected  with  the  work,  the  duty  of  making 
the  working  drawings  and  specifications  as  complete, 
clear,  and  thorough  as  it  is  possible  to  make  them. 
They  are,  in  a  certain  sense,  the  most  important  of 
the  documents  constituting  the  contract.  It  is  in 
them,  quite  as  much  as  in  supervision  and  adminis- 
tration, that  the  Architect  must  exhibit  the  "due 
diligence  and  reasonable  skill"  that  the  law  requires 
of  him.  Their  careful  preparation  is  the  best  form 
of  insurance  against  trouble  during  the  execution  of 
the  work.  On  their  quality  depends  exactness 
in  estimating  and  effectiveness  in  competetitive 
bidding. 

The  Institute's  "Circular  of  Advice  Relative  to 
the  Principles  of  Professional  Practice,"  (Appendix 
B)  says:  "As  the  Architect  decides  whether  or  not 
the  intent  of  his  plans  and  specifications  is  properly 
carried  out,  he  should  take  special  care  to  see  that 
the  drawings  and  specifications  are  complete  and 
accurate,  and  he  should  never  call  upon  the  contrac- 
tor to  make  good  the  oversights  or  errors  in  them  nor 
attempt  to  shirk  responsibility  by  indefinite  clauses.  " 

Working  drawings  are  neither  studies  nor  sketches 
nor  pictures, — they  arc  working  drawings.  A  good 
working  drawing  is  that  which  gives  the  builder 
exactly  the  information  he  needs  to  build  from, 
no  less  and   no  more.     It  must  be  clear  and  clean 


and  simple.  It  must  be  arranged  in  an  orderly  and 
readable  manner  on  the  sheet.  It  must  be  accurate- 
ly drawn,  so  that  scaled  measurements  will  agree 
with  figures.  It  must  present  the  essentials  and 
nothing  superfluous.  It  must  avoid  unnecessary 
repetitions. 

All  titles  for  drawings  must  be  explicit  and  com- 
prehensive but  brief,  so  that  the  title,  copied  on  the 
index  to  drawings,  will  tell  exactly  what  the  draw- 
ing covers.  A  good,  short,  comprehensive  title  is 
hard  to  compose.     Learn  to  do  it. 

All  final  dtawings  are  to  be  placed  upon  a  sheet 
of  a  size  standard  for  that  job.  No  drawings  of 
odd  and  fragmentary  sizes  should  be  permitted.  In 
every  set  there  should  be  provisions  for  sheets  for 
the  miscellaneous  drav^^ings  and  details  that  are  in- 
evitable. These  sheets,  with  border  lines  ruled  and 
certain  titles  printed,  are  kept  in  the  file-room. 

On  working  drawings  being  authorized  by  the 
Owner  after  approval  of  preliminary  sketches,  the 
head  of  the  office,  or  a  capable  draughtsman  (de- 
signated as  Captain  of  the  job)  should  prepare  a 
list  of  the  drawings  necessary,  determine  on  the 
size  of  the  sheets,  what  should  go  on  each  sheet,  and 
the  parts  necessary  to  be  detailed  at  a  larger  scale, 
and  arrive  at  the  number  of  sheets  required.  All 
sheets  should  be  equal  in  one  dimension  for  binding 
completed  sets,  and  each  sheet  should  be  numbered 


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47 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


at  as  early  a  stage  as  possible,  for  the  convenience 
of  the  specification  writer;  also  the  rooms,  windows 
and  door  openings,  stairways,  etc.,  should  be  num- 
bered as  soon  as  possible  for  the  same  reason,  as 
the  specification,  should  be  in  hand  as  the  drawings 
progress. 

As  the  work  develops,  drawings  of  parts  at  large 
scale  and  even  full  size  should  be  roughly  made  where- 
ever  necessary,  to  prove  that  the  expression  on  the 
plans  or  elevations  is  possible  of  execution.  These 
should  invariably  be  preserved  to  aid  in  the  prepara- 
tion of  the  details  after  the  contract  is  signed,  and 
if  such  rough  details  have  been  approved  by  the 
Architect  or  his  deputy,  initials  and  date  should  be 
placed  thereon  and  all  kept  in  the  portfolio  devoted 
to  that  particular  commission  or  work. 

Schedules  which  are  in  a  sense  of  the  nature  of 
drawings  and   specifications  may  frequently  be  of 


value  in  presenting  certain  subjects  more  clearly 
than  do  drawings  and  specifications  alone.  Such 
schedules  may  be  applied  to  many  subjects,  as: 
brick  courses;  lintels  and  arches;  columns  and  foot- 
ings; doors,  trims,  and  frames;  room  finishes;  wall 
finishes;  floor  surfaces;  hardware;  master  keys; 
plumbing  fixtures;  minor  bathroom  fittings;  lighting 
fixtures;  culinary  apparatus  and  its  connections; 
laboratory  equipment  and  connections.  As  a  sim- 
ple example  of  such  a  schedule,  see  Exhibit  No.  17. 
The  use  of  such  schedules  necessitates  extreme 
care  in  the  avoidance  of  any  indications  in  the  draw- 
ings or  specifications  at  variance  with  the  schedule. 
In  other  words,  if  a  given  subject  is  to  be  fully 
treated  in  a  schedule,  it  is  wise  to  avoid  its  treatment 
in  the  drawings  and  specifications  other  than  by 
mere  reference  to  the  schedule. 


Chapter  Twenty-one 
Specifications 


Although  the  Institute's  Standard  Form  of  Gen- 
eral Conditions  of  the  Contract,  (Appendix  K)  does 
not  refer  to  the  subjects  named  below,  many  archi- 
tects include  one  or  more  of  them  in  their  General 
Conditions.  Many  of  these  subjects  are  better 
placed  in  the  specifications  for  the  various  trades; 
and  others,  though  suited  for  inclusion  in  the  General 
Conditions,  are  not  always  needed.  The  subjects 
are: 

Bracing  building  during  construction, 

Charges  for  extra  copies  of  drawings, 

Chases, 

Checking  by  surveyor  and  his  certificate, 

Contractor  to  keep  the  work  in  repair, 

Contractor  to  lay  out  the  work,  giving  lines  and  levels, 

Contractor  to  work  overtime  if  required, 

Fences, 

Heating  during  construction, 

Insurance  against  lightning,  wind  storms,  hail  and  earth- 
quake, 

Keeping  building  and  cellar  free  from  water, 

Ladders, 

Lanterns, 

Legal  description  of  property, 

Offices  and  their  furniture, 

Permission  to  use  articles  or  methods  other  than  those  speci- 
fied, 

Photographs, 

Protection  and  care  of  trees  and  shrubs. 

Protective  coverings  in  general. 

Pumping, 

Sanitary  conveniences, 

ScaflTolding, 


Sheds, 

Shoring  and  securing  in  place  structures,  earth,  or  public 

service. 
Sidewalks, 

Smoking  in  building. 

Special  cleaning  other  than  "broom  clean,"  as  in  Article  33, 
Stoppage  of  work  in  freezing  weather, 
Telephone, 

Temporary  enclosure  from  weather, 
Temporary  stairways, 
Temporary  water. 

Temporary  wiring  and  electric  lights, 
Tests, 

Vault  permits. 
Watchmen. 

No  satisfactory  treatise  on  specifications  has  been 
written,  and  this  is  not  the  place  to  attempt  one. 
Brief  reference  may,  however,  be  made  to  some  agen- 
cies that  may  be  of  service  to  the  specification  writer. 

Sundry  skeleton  forms  for,  or  checklists  of,  speci- 
fication items  have  been  published.  Many  technical 
societies  have  made  or  are  now  making  efforts  to 
standardize  specifications  in  their  own  field  of  ma- 
terials or  workmanship.  A  list  of  the  names  of  such 
societies  and  a  codification  of  their  efforts  have  been 
published  in  the  Joiirixal  of  the  American  Institute 
of  Architects,  beginning  January,  1917,  in  the 
"Structural   Service   Department"  of  that /owrwa/. 

The  American  Institute  of  Architects  has  a  "Struc- 
tural Service  Committee"  and  a  subcommittee  on 
the  same  subject  in  each  of  its  Chapters. 


48 


IHK  LpyiTING  OF  CONTRACTS 


There  are  sundry  private  or  corporate  aRencics, 
the  purpose  of  which  is  to  afford  aid  to  the  speci- 
fication writer.  Standard  forms  of  specifications  are 
pubhshed  by  manufacturers  and  dealers  in  l)uilding 
materials  and  appliances,  which,  although  com- 
mercial and  advertising  in  their  nature  and  purpose, 
frequently  contain  many  useful  suggestions  for  ar- 
chitects, and  are  often  accompanied  by  valuable 
constructional    details. 

Until  recent  years  many  specifications  were  written 
or  printed  upon  paper  of  legal  cap  size  and  bound 
at  the  top.     Now  they  are  very  generally,  and  should 


always,  for  the  comfort  of  those  who  have  to  use 
them,  be  put  upon  paper  of  standard  letter  size 
(Sy^  X  II)  and  bound  at  the  left  edge,  thus  con- 
forming to  the  size  of  the  sheets  on  which  all  the 
Institute's   documents   are   printed. 

Specification  writers  should  use  the  words  "shall" 
and  "will"  with  proper  discrimination,  as  e.  g., — 
"Certain  things  shall  be  done  by  the  Contractor, 
other  things  u,nll  be  done  by  the  Owner!" 

The  use  of  the  words  "to  be"  leads  to  obscurity 
and  indefiniteness.  Use  "are  to  be"  or  "shall  be" 
instead. 


Part  IV 


THE  LETTING  OF  CONTRACTS 


Chapter  Twenty-two 


Competitive  Bidding 


Under  the  system  of  competitive  bidding,  each 
contractor  invited,  or  in  case  of  public  work  each 
contractor  who  wishes  to,  submits  a  proposal  to 
execute  the  work  for  a  definite  sum.  The  method 
is  so  simple  that  at  first  sight  it  has  every  advantage. 
The  Owner  has  before  him  proposals,  the  desirability 
of  which  would  seem  to  be  in  inverse  ratio  to  their 
amount.  Now  this  might  be  so  if  all  the  bidders 
were  of  equal  responsibility  and  competency  but, 
unfortunately  for  the  method,  they  rarely  are. 
The  best  builder  of  a  given  locality  may  be  pitted 
against  the  worst,  so  that  the  criterion  of  mere 
price  ceases  to  have  real  value.  Indeed,  it  generally 
has  a  false  value,  since  the  lowest  figure  is  apt  to 
outweigh  the  less  obvious  advantages  afforded  by 
the  more  competent  bidder.  Unfortunately,  too, 
the  law,  in  cases  of  public  work,  requires  an  award 
to  the  "lowest  responsible  bidder,"  an  expression 
scarcely  capable  of  exact  definition,  yet  one  which 
leaves  the  public  authorities  slight  chance  in  court 
if  they  made  an  award  to  a  thoroughly  capable  bid- 
der at  any  figure  but  the  lowest. 

As  each  contractor's  aim  in  competitive  bidding 
is  to  secure  the  work  for  himself,  and  as  there  is  or- 
dmarily  no  chance  of  this  unless  his  bid  is  the  lowest, 
he  naturally  applies  his  whole  mind  to  keeping  the 
price  down.     Now  this  may  be  legitimate  enough  as 


applied  to  the  work  that  he  is  to  do  with  his  own 
force,  but  if  he  is  to  be  a  general  contractor  he  has 
ordinarily  to  employ  a  score  or  more  of  subcontrac- 
tors. His  proposal  depends  far  more  on  the  bids 
that  he  gets  from  them  than  on  the  value  be  puts 
on  his  own  work.  To  get  the  lowest  sub-bids  he 
must  invite  a  host  of  subcontractors  to  bid  to  him, 
and,  unless  he  is  a  man  of  strong  character,  he  does 
not  inquire  too  closely  as  to  the  honesty  or  compe- 
tency of  the  lowest  bidders,  for  if  he  does,  the  work 
will  go  to  someone  who  has  not  done  so. 

Now,  unless  the  greatest  care  has  been  taken  to 
include  in  the  invitation  none  but  bidders  of  the 
highest  character,  the  lowest  bid  is  likely  to  come 
from  a  contractor  who  has  made  it  by  adding  to  the 
cost  of  his  own  work  all  the  lowest  sub-bids  he  could 
get  and  then  perhaps  knocking  off  something  in  the 
hope  that  a  lucky  chance  will  leave  him  a  profit. 
If  he  gets  the  contract  he  does  not  close  with  the 
men  whose  bids  have  enabled  him  to  win  the  work, 
perhaps  a  poor  enough  lot,  but  he  employs  every  art 
further  to  depress  their  bids  or  he  seeks  out  other 
subcontractors  at  still  lower  figures.  It  needs  little 
imagination  to  picture  the  result  of  such  a  course 
on  the  quality  of  the  work;  and  the  course  is  not  an 
unusual  one.  Such  contractors  are  mere  brokers 
of  other  men's  services.     Their  interest  is  not  in  the 


49 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


integrity  of  the  work.  They  do  not  long  keep  up 
even  an  appearance  of  directing  it,  for  as  soon  as 
trouble  comes  they  throw  onto  the  Architect  the 
burden  of  the  fight  with  incompetent  subcontrac- 
tors. Such  results  of  competitive  bidding  are  as 
repugnant  to  honest  and  capable  builders  as  to 
architects. 

There  are  fortunately  several  ways  by  which  the 
Owner,  unless  compelled  to  advertise  for  bids,  may 
avoid  the  chief  evils  of  the  competitive  system. 

(a)  If  he  have  sufficient  force  of  character,  he 
may  refuse  to  have  upon  the  list  of  bidders  any  con- 
tractors except  the  most  reputable  and  competent. 
Unfortunately,  the  owner  rarely  recognizes  the  im- 
portance of  a  well-chosen  list.  He  yields  to  the 
importunities  of  contractors  indifferently  qualified 
and  promises  them  a  chance  to  bid,  in  the  hope  that 
none  of  their  bids  will  be  the  lowest,  and,  in  the  end, 
he  generally  awards  the  contract  to  one  of  them  under 
the  futile  notion  that  the  Architect  can  by  super- 
vision  force   such   a   contractor  to   build   properly. 


(On  what  supervision  means,  see  Chapter  36.)  It 
is  because  of  the  great  importance  of  excluding  all 
but  well-qualified  bidders  from  the  list  that  the 
American  Institute  of  Architects  provides  in  its 
Circular  of  Advice  (Appendix  B,  Article  6),  "The 
Architect  should  advise  the  client  in  the  selection  of 
bidders  and  in  the  award  of  the  contract.  In  ad- 
vising that  none  but  trustworthy  bidders  be  invited 
and  that  the  award  be  made  only  to  contractors  who 
are  reliable  and  competent,  the  Architect  protects 
the  interests  of  his  client." 

(b)  The  Owner  may  reserve  some  of  the  more  im- 
portant branches  of  the  work  to  be  bid  upon  sepa- 
rately as  explained  in  Chapter  24. 

(f )  The  Owner  may  carry  on  the  whole  work  under 
the  "Separate  Contract  System"  as  explained  in 
Chapter  24. 

(d)  The  Owner  may  avoid  the  competitive  sys- 
tem altogether  and  let  his  contract  by  the  system 
of  "cost  plus  a  fee"  as  explained  in  the  next 
Chapter. 


Chapter  Twenty-three 

Methods  of  Contracting  for  the  Execution  of  the  Work 


There  are  two  chief  methods  of  contracting  for 
the  execution  of  work.  The  one  most  generally 
in  use  is  that  under  which  the  Contractor  agrees  to 
perform  the  contract  for  a  stipulated  sum.  The 
Institute's  "Standard  Form  of  Agreement  between 
Owner  and  Contractor  when  a  stipulated  sum  forms 
the  basis  of  payment"  (Appendix  J)  is  especially 
adapted  for  such  use.  The  method  of  a  stipulated 
sum  is  usually  employed  in  connection  with  competi- 
tive bidding  (see  Chapter  22).  The  assurance  which 
it  seems  to  give  the  Owner  of  knowing  in  advance 
how  much  his  work  is  to  cost  him  is  sometimes  more 
apparent  than  real.  It  puts  the  Contractor  in  a 
frankly  commercial  position,  his  chief  interest,  that 
of  making  all  he  can  out  of  the  contract,  being  at 
variance  with  the  Owner's  chief  interest,  that  of 
having  the  work  as  well  executed  as  possible.  On 
the  whole,  however,  the  method  is  a  workable  one, 
as  the  enormous  amount  of  construction  done  under 
it  testifies. 

The  other  method  is  that  under  which  the  Con- 
tractor is  reimbursed  the  entire  amount  expended 
by  him  in  doing  the  work,  and  for  his  own  services 
is  paid  either  a  fixed  sum  agreed  on  in  advance  or  a 
certain  percentage  of  the  amount  reimbursed  as 
above.     The  Institute's  "Form  of  Agreement   be- 


tween Contractor  and  Owner  when  the  cost  of 
the  work  plus  a  fee  forms  the  basis  of  payment" 
(Appendix  0)  has  been  prepared  for  use  with  this 
method. 

Granted  that  an  honest  and  capable  contractor 
has  been  chosen,  this  method  has  many  advantages. 
The  Contractor  does  not  occupy  a  purely  commercial 
position  but  a  quasi-professional  one.  He  is  in 
many  important  respects  the  adviser  of  the  Owner, 
and  his  chief  interests,  the  rapid,  sound  and  economic 
execution  of  the  work,  are  the  same  as  the  Owner's. 
Work  may,  under  this  system,  be  conducted  in  two 
ways.  First,  if  the  working  drawings  and  specifi- 
cations be  finished,  definite  proposals  may  be  pro- 
cured, the  Contractor  agreeing  to  execute  the  work 
as  drawn  and  specified  for  a  stipulated  sum,  or,  if 
the  result  of  the  cost-plus-fee  method  be  less,  then 
to  accept  that  result  in  lieu  of  the  stipulated  sum. 
Second,  if  it  be  desired,  work  may  be  started  at  an 
early  date,  since  it  is  not  necessary  that  working 
drawings  and  specifications  for  all  parts  of  the  work 
be  completed  before  a  start  is  made.  In  this  way 
the  Owner  may  keep  closely  in  touch  with  the  Ar- 
chitect while  the  work  progresses,  and  he  may  have 
greater  freedom  in  making  changes  than  when  the 
work  is  to  cost  a  stipulated  sum. 


.SO 


THE  LF/niNG  OF  CON'IRACTS 


However,  this  very  facility  for  making  changes 
generally  imposes  an  increased  expense  on  the  Ar- 
chitect, who  also  has  to  spend  more  time  and  to 
assume  more  responsiliillty  in  the  verification  of  the 
Contractor's  accounts  tlian  when  the  contract  is  to 
be  performed  for  a  stipulated  sum.  It  is  for  this 
reason  that  the  "Schedule  of  Charges "  (Appendix 
D,  Article  7),  and  the  "Agreement  between  Owner 
and  Architect"  (Appendix  E,  Article  5),  provide 
that  "if  a  contract  be  let  by  cost  of  labor  and  mate- 
rial plus  a  percentage  or  fixed  sum"  the  Architect 
"shall  be  equitably  paid  for  such  extra  service  and 
expense."  It  is  the  practice  in  some  offices  to  pro- 
vide for  the  additional  cost  of  verifying  the  Contrac- 


tor's accounts  by  the  employment  of  one  or  more  men 
as  time  and  material  clerks,  whose  duty  it  is  to  keep 
a  daily  check  on  the  pay  roll  and  materials  received 
and  to  value  work  in  place.  The.se  men  are  selected 
and  employed  by  the  Architect  and  paid  for  by  the 
Owner,  and  become  a  part  of  the  Owner's  auditing 
department. 

'I  he  method  of  "cost  plus  a  fee"  is  growing  in 
favor.  On  the  one  hand,  it  is  very  useful  where  the 
ultimate  cost,  as  in  alterations,  cannot  be  foreseen 
with  reasonable  accuracy;  on  the  other  hand,  the 
method  is  applied  with  entire  success  to  new  build- 
ings, even  to  those  of  the  very  greatest  size  and 
complication. 


Chapter  Twenty-four 
Letting  the  Work  Under  One,  Several,  or  Many  Contracts 


The  Owner's  interest  is  likely  to  be  favorably  or 
unfavorably  affected  by  a  decision  as  to  the  number 
of  contracts  under  which  his  work  is  to  be  let.  The 
Architect  should,  therefore,  give  careful  considera- 
tion to  the  circumstances  of  the  case  and  advise  the 
Owner  as  to  his  wisest  course. 

Throughout  the  ages  the  world's  buildings  have 
been  erected  by  labor  and  materials  paid  for  directly 
by  the  Owner  or  else  through  the  employment  of 
masters  of  the  several  trades  or  guilds,  each  doing 
that  part  of  the  work  in  which  he  was  skilled.  The 
system  by  which  one  contractor  undertakes  to  do  all 
the  work  of  an  entire  building  did  not  come  into 
being  until  comparatively  recent  years. 

The  Single  Contract  System 

The  advantages  of  letting  all  the  work  under  a 
single  contract  seems  to  be  obvious.  All  responsi- 
bility is  concentrated  upon  a  single  contractor; 
all  communication  is  to  be  held,  at  least  in  theory, 
with  him  and  if  he  does  not  execute  all  the  work 
through  his  own  staff,  he  has  subcontractors  whom 
he  must  manage,  whose  operations  he  must  harmon- 
ize, and  for  whose  every  act  or  failure  he  is  to  be 
answerable. 

In  truth,  if  the  single  contractor  be  honest  and 
capable,  skilled  in  the  craft  of  building,  an  able 
administrator,  furnished  with  ample  capital  and 
equipment,  his  employment  offers  the  most  satis- 
factory method  for  both  Owner  and  Architect.  If 
it  were  always  possible  to  be  certain  that  competitive 
bidding  would  result  in  the  award  of  the  contract 
to  such  a  person,  there  would  be  no  need  to  take 


thought  as  to  any  other  method  of  letting  contracts 
But,  however  devoutly  such  a  consummation  is  to 
be  wished,  the  Owner,  oftener  than  not,  finds  him- 
self bound  in  contract  with  one  far  removed  from  that 
ideal.  Some  of  the  reasons  why  such  an  ideal  is  not 
generally  achieved  have  been  stated  in  Chapter  22. 

The  System  of  Several  Contracts 

If  it  often  works  badly  to  entrust  everything  to 
one  contractor,  perhaps  something  may  be  gained 
by  a  partial  return  to  the  old  system  of  separate 
contracts,  letting  the  more  difficult  and  critical 
branches,  such  as  plumbing,  heating  and  ventila- 
tion, electrical  work  and  elevators  to  contractors 
whose  own  force  actually  executes  the  work.  Such 
a  system  is  very  largely  in  use.  By  it  the  Owner, 
if  not  bound  to  advertise  for  bids,  may  confine  his 
invitation  to  tradesmen  of  known  skill  and  probity. 
He  can  give  careful  attention  to  the  letting  of  each 
contract,  and,  for  work  of  a  good  quality,  he  will 
generally  receive  closer  bids  than  would  be  sent  to 
general  contractors. 

That  this  is  a  desirable  practice  is  shown  by  the 
fact  that  the  American  Institute  of  Architects  at 
its  convention  of  1913  by  resolution  recommended  it, 
for  the  trades  above  named,  "in  the  conviction  that 
direct  letting  of  contracts  as  compared  with  sub- 
letting through  general  contractors  affords  the  Ar- 
chitect more  certain  selection  of  competent  contrac- 
tors and  more  efficient  control  of  execution  of  work 
and  thereby  insures  a  higher  standard  of  work,  and, 
at  the  same  time,  serves  more  equitablv  the  financial 
interests  of  both  0\vner  and  Contractor." 


SI 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


This  practice  has  become  so  well  established  that 
certain  states,  e.  g.,  New  York,  New  Jersey,  Pennsyl- 
vania, and  Ohio,  now  require  that  for  public  work, 
bids  on  plumbing,  heating,  ventilation,  electrical 
work,  power  plants,  etc.,  shall  be  received  separately 
and  contracts  awarded  to  the  lowest  responsible 
bidder  for  each  branch. 

In  private  practice,  if  the  Owner  has  received 
separate  bids  upon  such  branches  of  the  work,  he 
generally  lets  separate  contracts  for  them;  but 
sometimes,  if  he  has  confidence  in  the  general  con- 
tractor, he  places  the  successful  bidders  of  the  several 
branches,  with  their  consent,  as  subcontractors  under 
the  general  contractor.  In  that  case  he  either  pays 
the  general  contractor  a  commission  for  managing 
them,  or  else  he  has  informed  all  those  bidding  on 
the  general  contract  that  the  successful  bidders  on 
certain  reserved  branches  of  the  work  will  be  placed 
under  the  general  contractor,  who  is  to  include  in 
his  bid  whatever  allowance  he  thinks  proper  for 
managing  them  (see  Chapter  29). 

The  Separate  Contract  System 

If  there  be,  as  in  many  cases  there  is,  a  substantial 
advantage  to  the  Owner  in  letting  a  few  of  the  more 
important  branches  of  the  work  separately  from  the 
main  contract,  it  is  pertinent  to  inquire  whether  a 
further  advantage  is  not  to  be  gained  by  carrying 
this  separation  to  all  important  branches.  That 
this  question  is  frequently  answered  in  the  affirma- 
tive is  shown  by  the  fact  that  much  work  is  executed 
in  that  way  by  architects  of  the  highest  standing 
and  for  owners  alert  to  every  advantage. 

The  method  is  known  as  the  "Separate  Contract 
System"  or  sometimes  as  the  "Minor  Contract 
System,"  or  by  others  as  "The  System  of  Segre- 
gated Contracts."  It  consists  in  substituting  for  a 
single  contract  with  a  general  contractor  many 
contracts  with  master  mechanics  of  the  several 
trades,  and  in  substituting  for  the  management  of  a 
general  contractor  that  of  the  Architect.  By  this 
method  the  specifications  and  drawings  are  so  pre- 
pared that  estimates  on  each  part  of  the  work  may 
be  separately  obtained  from  a  carefully  selected 
list  of  bidders.  This  method  insures  a  capable  con- 
tractor for  each  part  of  the  work,  whereas  that  of 
competition  on  the  work  as  a  whole  tends,  as  ex- 
plained in  Chapter  22,  to  beat  down  its  quality  by 
reason  of  each  bidder  being  anxious  to  secure  the 
lowest  possible  bids  from  subcontractors,  to  that 
end  often  inviting  incompetent  mechanics  to  bid. 

From  what  has  been  said  above  it  might  seem  that 
the  system  of  competition  among  general  contrac- 
tors would  result  in  a  lower  cost  of  building  than 


would  the  other,  but  it  must  be  remembered  that 
mechanics  who  have  the  chance  of  entering  into  a 
contract  with  a  responsible  Owner  and  of  perform- 
ing their  work  under  the  immediate  direction  of  a 
capable  architect  are  willing  to  make  a  lower  estimate 
than  they  would  in  bidding  to  a  number  of  general 
contractors  whose  financial  responsibility  and  whose 
willingness  to  deal  justly  with  them  are  unknown 
quantities. 

It  is  obvious  that  the  duties  falling  on  the  Archi- 
tect under  the  separate  contract  system  are  much 
heavier  than  when  the  work  is  let  under  a  single  con- 
tract. Instead  of  conducting  one  bidding,  asking 
and  receiving  bids  from  a  few  competitors,  he  con- 
ducts fifteen  to  twenty  biddings  on  the  separate 
parts  of  the  work,  asking  and  receiving  bids  from 
say  one  hundred  contractors;  instead  of  guiding  and 
supervising  the  work  of  one  contractor  whose  duty 
it  is  to  bring  the  subcontractors  into  cooperation, 
the  Architect  must  guide  the  work  of  the  contractors 
for  all  the  trades,  harmonize  their  operations,  be 
vigilant  that  they  and  their  materials  are  ready  when 
needed,  see  that  they  employ  as  large  a  force  as  can 
properly  work,  and  settle  diflFerences  between  them. 
The  Architect  must  also  keep  more  records  of  trans- 
actions and  suitable  books  of  account,  and  he  must 
carry  on  a  much  heavier  correspondence  than  under 
the  other  methods.  He  must  himself  be  at  the  build- 
ing more  frequently  than  is  ordinarily  the  case. 

While  this  procedure  saves  the  Owner  the  profit 
on  the  entire  work,  to  which  the  general  contractor 
is  entitled,  on  the  other  hand,  since  many  of  the 
Contractor's  duties  devolve  upon  the  Architect,  he 
must  be  paid  for  them.  The  Institute's  "Schedule  of 
Charges"  (Appendix  D),  and  the  "Form  of  Agreement 
between  Owner  and  Architect"  (Appendix  E),  there- 
fore provide  for  an  additional  remuneration  to  the 
Architect  when  the  separate  contract  system  is 
employed. 

It  must  not  be  supposed  that  when  the  Architect 
directs  the  work  of  many  contractors  instead  of  a 
few  his  professional  status  is  lost,  or  that  he  becomes 
in  any  sense  a  contractor.  The  Owner  signs  the 
many  contracts,  just  as  he  would  the  few,  and  the 
relation  of  the  Architect  to  the  Owner  and  to  each 
contractor  remains  without  change. 

Those  experienced  in  the  separate  contract  sys- 
tem sum  up  its  advantages  as  follows: 

(a)  Exact  knowledge  before  any  contract  is  let,  not  merely 
of  the  total  cost  of  the  work  but  of  the  cost  of  each  of  its  important 
divisions.  If  the  cost  is  to  be  cut,  it  can  therefore  be  cut  intelli- 
gently, the  details  being  in  hand  and  direct  accesss  to  all  who 
figure  on  the  work  being  possible. 

(A)  Lower  bids"  because  each  contractor,  as  he  deals  directly 
with;the_author  of  the  plans,  may  know  exactly  what  is  expected 


52 


TIIIC    LKTriNCJ  OF   CONTRACTS 


of  him  and  may  make  contracts  directly  with  the  source  of  pay- 
ment. This  enables  him  to  estimate  more  intelhRently,  with 
Rreatcr  confidence,  and  consei|iiently  more  closely,  than  in  cases 
where  he  is  obliKed  to  suhmit  his  estimate  to  a  niimher  of  persons 
whose  financial  responsibility  he  may  doubt  and  who  can  otter 
no  assurances  that  they  will  ever  be  in  a  position  to  let  the  work. 

(c)  Direct  control  of  the  selection  of  contractors  for  each 
branch  of  the  work  and  direct  distribution  of  payments  to  those 
who  would  otherwise  be  subcontractors. 

((/)  The  Architect's  more  intimate  relation  with  the  construc- 
tion of  the  work. 

Under  the  separate  contract  system,  the  number 
and  complexity  of  the  Architect's  duties  are  such 
that  a  word  of  warning  is  necessary  to  Architects 


who  may  think  that  they  would  like  to  work  under 
that  system.  No  architect,  unless  he  be  a  capable 
administrator  and  have  his  office  well  organized  for 
such  work,  should  attempt  it,  nor  should  he  imagine 
that  the  additional  percentage  will  be  a  source  of 
large  profit,  lie  will  find  that  expenses  of  all  kinds 
will  be  greatly  increased  and  that  his  own  burdens, 
and  especially  his  responsibility,  will  be  much  greater 
than  he  would  suppose. 

In  fine  and  in  brief,  if  the  separate  contract 
system  is  well  administered,  it  is  an  admirable  one; 
if  badly  administered,  it  will  result  only  in  loss 
and  annoyance. 


Chapter  Twenty-five 

Laws  Relating  to  Work  Paid  for  from  Public  Funds 


The  Architect  who  undertakes  work  to  be  paid 
for  by  the  United  States,  or  by  any  State  or  sub- 
division thereof,  or  indeed  even  by  local  authorities 
such  as  school  districts,  should  request  the  Owner 
for  instructions  through  his  counsel  as  to  any  laws 
to  which  reference  should  be  made  in  the  documents 
or  to  which  the  procedure  of  bidding  and  letting 
should  conform. 

While  no  detailed  reference  to  such  laws  can  be 
made  here,  the  following  matters  will  be  found  among 
them:  Laws  as  to  submission  of  sketches  and  work- 
ing drawings  to  art  commissions  or  smilar  bodies; 
to  advertising  for  bids;  as  to  deposit  of  bond  or  cer- 
tified check  with  bid;  as  to  letting  the  work  of  certain 


trades  separately  (see  Chapter  22  {b)  and  Chapter 
24);  as  to  the  award;  as  to  forms  of  contract;  as  to 
alien  labor;  as  to  the  number  of  hours  constituting 
a  day's  work;  as  to  bonds  of  suretyship  to  protect 
the  Owner;  as  to  bonds  to  protect  all  those  doing 
work  or  providing  material;  as  to  mechanics'  liens; 
as  to  workmen's  compensation  laws;  as  to  public 
officials  or  employees  being  financially  interested  in 
any  firm  or  corporation  contracting  with  any  public 
body  or  agency;  as  to  the  proper  authority  of  the 
officials  executing  any  contract;  as  to  the  validity 
of  any  legislation  under  which  it  is  executed,  etc. 
For  the  relation  of  architects  to  such  work  see 
Chapter  40. 


Chapter  Twenty-six 

The  Quantity  System 


"Quantity  System"  is  the  term  used  to  describe 
a  method  of  procedure  intended  to  facilitate  and, 
at  the  same  time,  to  give  a  more  scientific  accuracy 
to  the  process  of  preparing  tenders  for  building  con- 
struction. It  rests  on  the  basis  of  a  schedule  or 
"bill  of  quantities"  prepared  from  the  Architects 
drawings  and  specifications  by  an  expert  Quantity 
Surveyor.  The  bill  sets  forth  in  detail  the  quanti- 
ties of  the  various  worked  materials  which  are  re- 
quired for  a  complete  structure.  A  copy  of  this  bill 
is  furnished  to  each  bidder,  and  each  bidder  sets 
his  unit  price  against  each  item  of  work  in  the  bill 


all  such  prices  constitute  the  amount  of  the  bid  and 
of  the  contract. 

The  Quantity  System  is  the  universal  rule  of 
practice  in  England  and  in  nearly  all  European 
countries.  In  those  countries  the  Quantity  Sur- 
veyor performs  a  professional  function,  working  in 
close  cooperation  with  the  Architect. 

In  the  United  States  the  method  of  procedure  has 
heretofore  been  to  furnish  to  each  of  the  competing 
bidders  a  complete  copy  of  all  drawings  and  specifi- 
cations so  that  each  bidder  may  schedule  his  own 


of  quantities,  and  the  sum  total  of  the  extension  of     quantities  for  the  purpose  of  estimate.     For  con- 

53 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


venience,  this  method  is  referred  to  in  the  following 
paragraphs  as  "the  present  system." 

In  point  of  result  there  are  a  number  of  minor 
differences  between  the  Quantity  System  and  the 
present  system,  but  the  fundamental  difference  is 
that  under  the  Quantity  System  a  single  bill  of  quan- 
tities is  prepared  for  the  use  of  all  bidders,  while 
under  the  present  system  each  bidder  prepares  his 
own  bill  of  quantities  and  there  are  as  many  bills 
prepared  as  there  are  bidders  and  sub-bidders. 

Manifestly,  the  present  system  is  wasteful,  for 
under  it  the  work  of  preparing  a  bill  of  quantities 
is  repeated  as  many  times  as  there  are  bidders  and 
sub-bidders.  The  economy  resulting  from  the  use 
of  the  Quantity  System,  due  to  the  avoidance  of 
repetition  of  work,  can  be  realized,  however,  only 
in  proportion  to  the  extent  to  which  it  is  used. 
Contractor's  estimating  cost  is  charged  directly  or 
indirectly  to  overhead  expense,  and  all  overhead 
expense  must  be  absorbed  by  the  profit  in  the  con- 
tracts secured.* 

The  more  immediate  advantages  of  the  Quantity 
System  claimed  for  it  by  its  advocates  are: 

(a)  All  bidders  base  their  estimates  upon  the  same  quantities 
of  labor  and  materials,  quantities  which  are  abstracted  from  the 
plans  and  specifications  with  greater  care  and  precision  and  with 
a  fuller  knowledge  of  the  true  intent  of  those  documents  than  can 
be  the  case  with  quantities  abstracted  hurriedly  and  without  such 
knowledge  by  contractors. 

(b)  The  work  of  the  Quantity  Surveyor  and  the  inquiries  he 
must  make  of  the  Architect  in  order  that  his  bills  may  be  pre- 
pared with  accuracy,  constitute  a  most  thorough  check  on  the 
drawings  and  specifications  for  completeness,  clearness,  and 
agreement.  The  surveyor's  questions  are  the  same  ones  which 
present  themselves  to  the  Contractor  in  the  course  of  preparing 
his  bid  but  are  seldom  asked  by  him  or  anticipated  by  the  Archi- 

*In  a  number  of  cities  a  practice  has  been  established  among  contractors 
where  a  sum  agreed  upon  is  added  to  the  estimate  submitted  by  each 
bidder,  under  an  agreement  that  the  bidder  securing  the  contract  shall 
divide  this  sum  among  the  unsuccessful  bidders  as  reimbursement  for  the 
cost  of  preparing  their  estimates,  thus  placing  the  repeated  cost  of  estima- 
ting directly  on  the  Owner. 


tect.  These  are  the  questions  which  later  become  the  bases  for 
claims,  counter-claims,  and  disputes. 

ic)  When  all  bidders  base  their  bids  upon  the  same  quantities, 
the  Contractor  whose  efliciency  is  e.xpressed  in  a  low  unit  cost  of 
work  will  usually  secure  the  contract.  The  system  does  not  result 
in  reckless  price-cutting  because  the  opportunities  for  recouping 
losses  through  later  establishing  claims  for  inordinately  profitable 
extras  are  reduced  in  number  and  in  capacity  for  profit. 

{d)  The  Quantity  System,  or  more  directly,  a  complete  and 
accurate  bill  of  quantities,  offers  a  definite  basis  for  competitive 
bids  and  a  definite  basis  for  judgment  in  awarding  contracts.  The 
uncertainties  in  the  preliminaries  to  construction  are  removed  at 
once  for  both  the  Contractor  and  the  Owner. 

(e)  The  quantity  surveyor  is  the  person  most  competent  to 
make  preliminary  estimates  of  the  cost  of  the  work  for  the  Owner's 
and  the  Architect's  guidance. 

Similarly,  he  is  the  person  most  competent  to  value  the  work 
done  from  time  to  time  as  a  basis  for  the  Architect's  certificates 
of  payment.  In  thus  making  accurate  valuations  he  assists  in 
enabling  full  and  equitable  payments  to  be  made  to  the  Contractor 
without  exposing  the  Owner  and  the  Architect  to  the  danger  of 
over-certification.  Again  he  is  the  qualified  adviser  of  Owner 
and  Architect  as  to  the  value  of  extras  and  omissions. 

The  Quantity  System  is  used  at  present  in  the 
United  States  only  to  a  very  limited  extent,  though 
interest  in  it  is  growing  and  Its  advocates  and  users 
are  increasing  in  number.  It  is  difficult  to  prophesy 
through  what  channels  the  system  will  finally  develop 
and  become  established  as  the  rule  of  practice. 

There  are  a  number  of  persons  and  organizations 
operating  in  the  United  States  as  quantity  surveyors. 
It  is  maintained  that  quantity  surveying  must  be 
done  by  independent  professionals  and  that  the  sur- 
veyor's fee  ought  to  be  paid  directly  by  the  building 
owner.  This  is  largely  justified  by  the  fact  that  the 
surveyor  must  cooperate  closely  with  the  Architect, 
even  during  the  preliminary  stages  of  the  drawings 
and  specifications,  so  that  complete  and  accurate 
drawings  and  specifications  will  be  issued  for  the 
purpose  of  bidding  and  so  that  the  surveyor  may 
have  the  necessary  familiarity  with  the  work. 


Chapter  Twenty-seven 
Invitation  to  Submit  a  Proposal 

The  following  will  be  found  a  convenient  form  of  Tobeentitled  to  consideration,  the  proposal  must  be  made  upon 

invitation-  '^^  ^'^^"^  provided  by  the  Architect,  which  must  be  fully  com- 
pleted  in   accordance  with   the  accompanying  "Instructions  to 

Dear  Sir:  You  are  invited  to  submit  a  proposal  for Bidders"  and  must  be  delivered  to  this  office  not  later  than 

Drawings,  Specifications  and  other  information  may 

be  procured  from  this  office  on  and  after All        ^ ' '  ' 

documents  must  be  returned  to  this  office  not  later  than ^        '  ■'        ' 


54 


THE  LETTING  OF  CONTRACTS 


Chapter  Twenty-eight 

Instructions  to  Bidders 


In  preparing  Instructions  to  Bidders,  the  follow- 
ing typical  form  will  he  of  use: 

Proposals,  to  be  enriili-d  to  consideration,  must  lie  made  in 
accordance  with  the  following  instructions: 

Proposals  shall  he  made  npon  the  form  provided  therefr,r,  and 
all  blank  spaces  in  the  form  shall  be  fully  filled;  numbers  shall 
be  stated  both  in  writinf;  and  in  (inures;  the  siKnature  shall  be 
in  lont;  hand;  and  the  completed  form  shall  be  without  inter- 
lineation, alteration,  or  erasure. 

Proposals  shall  not  contain  any  recapitulation  of  the  work 
to  be  done.  No  oral,  telegraphic,  or  telephonic  proposals  or 
modifications  will  be  considered. 

Proposals  shall  be  addressed  to  the  Owner,  in  care  of  the 
Architect,  and  shall  be  delivered  to  the  Architect  enclosed  in  an 
opaque  sealed  envelope  addressed  to  him,  marked  "Proposal" 
and  bearing  the  title  of  the  work  and  the  naitie  of  the  bidder. 

Should  a  bidder  find  discrepancies  in,  or  omissions  from,  the 
drawings  or  documents,  or  should  he  be  in  doubt  as  to  their  mean- 
ing, he  should  at  once  notify  the  .'\rchitect,  who  will  send  a  written 
instruction  to  all  bidders.  Neither  Owner  nor  Architect  will  be 
responsible  for  any  oral  instructions. 


Ik-fore  submitting  a  proposal,  bidders  should  carefully  examine 
the  drawings  and  specifications,  visit  the  site  or  work,  fully  inform 
themselves  as  to  all  existing  conditions  and  limitations  and  shall 
include  in  the  proposal  a  sum  to  cover  the  cost  of  all  items  included 
in  the  contract. 

'i'he  competency  and  responsibility  of  bidders  and  of  their  pro- 
posed subcontractors  will  be  considered  in  making  the  award, 
i  he  Owner  does  not  obligate  himself  to  accept  the  lowest  or  any 
other  bid. 

Any  bulletins  issued  during  the  time  of  bidding  are  to  be  covered 
in  the  proposal  and  in  closing  a  contract  they  will  become  a  part 
thereof. 

If  any  instructions  as  to  the  furnishing  of  a  bond, 
other  than  those  in  Article  22  of  the  General  Condi- 
tions (Appendix  K),  are  to  be  given,  include  them 
in  "Instructions  to  Bidders,"  but  see  that  any  such 
statements  are  in  harmony  with  such  clause  relative 
to  the  bond  as  may  be  inserted  in  the  "Form  of 
Proposal." 


Chapter  Twenty-nine 
Form  of  Proposal 


A  Form  of  Proposal  or  bidding  blank  should  be 
sent  in  duplicate  to  each  bidder.  The  following 
typical  form  and  suggestions  may  be  of  use: 

Form  of  Proposal 

(The  proposal  should  be  dated  and   addressed   to  the  Owner  in  care  of 

the  Architect.) 

Dear  Sir:  Having  carefully  examined  the  Instructions  to 
Bidders,  the  General  Conditions  of  the  Contract  and  Specifica- 
tions entitled 

(Here  insert  the  caption  descriptive  of  the  work  as  used  therein.) 

and  the  Drawings,  similarly  entitled,  numbered as 

well  as  the  premises  and  the  conditions  affecting  the  work,  the 

Undersigned   proposes  to  furnish  all  materials  and  labor  called 

for  by  them  for 

(Here  insert,  in  case  all  the  work  therein  described  is  to  be  covered  by 
one  contract,  "the  entire  work."  In  case  of  a  partial  contract  insert  name 
of  the  trade  or  trades  to  be  covered  and  the  numbers  of  the  pages  of  the 
Specifications  on  which  the  work  is  described.) 

in  accordance  with  the  said  documents  for  the  sum  of 

Dollars  {$ ).     If  he  be  notified  of  the  acceptance  of  this 

proposal  within days  of  the  time  set  for  the  opening  of  bids, 

he  agrees  to  execute  a  contract  for  the  above  work,  for  the  above 
stated  compensation  in  the  form  of  the  Standard  Agreement  of 
the  American  Institute  of  Architects. 
Very  truly  yours, 


SUGGESTIONS  TO  ARCHITECTS  USING  THE  ABOVE  FORM  OF  PROPOSAL 

The  above  form  includes  only  such  statements  as  will  probably 
be  required  in  any  proposal.     Additions  will  usually  have  to  be 


made  to  it.  Suggestions  suited  to  certain  conditions  are  offered 
in  the  following  notes. 

If  the  bidder  is  to  name  the  time  required  for  completing  the 
work,  insert  such  a  clause  as  the  following: 

The  Undersigned  agrees,  if  awarded  the  Contract,  to  complete  it 
within days,  Sundays  and  whole  holidays  not  included. 

If  liquidated  damages  are  to  be  required,  insert  the  following: 

And  further  agrees  that,  from  the  compensation  otherwise  to  be 

paid,  the  Owner  may  retain  the  sum  of dollars 

($ )  for  each  day  thereafter,  Sundays  and  holidays  included, 

that  the  work  remains  uncompleted,  which  sum  is  agreed  upon  as 
the  proper  measure  of  liquidated  damages  which  the  Owner  will  sus- 
tain per  diem  by  the  failure  of  the  undersigned  to  complete  the  work 
at  the  time  stipulated,  and  this  sum  is  not  to  be  construed  as  in  any 
sense  a  penalty. 

If  a  bond  is  required,  insert  the  following: 

The  Undersigned  agrees,  if  awarded  the  Contract,  to  execute  and 

deliver  to  the  Architect  within days  after  the  signing 

of  the  Contract,  a  satisfactory  bond  in  the  form  issued  by  the  American 
Institute  of  Architects  and  in  an  amount  equal  to  the  contract  sum, 
and  further  agrees  that  if  such  bond  be  not  required,  he  will  deduct 
from  the  proposal  price  the  sum  of dollars  {$ ). 

If  a  certified  check  is  required,  the  following  clause  should  be 
inserted: 

The  Undersigned  further  agrees  that  the  certified  check  payable  to 

Owner,  accompanying  this  proposal,  is  left  in  escrow 

with  the  Architect;  that  its  amount  is  the  measure  of  liquidated 
damages  which  the  Owner  will  sustain  by  the  failure  of  the  Under- 
signed to  execute  and  deliver  the  above  named  Agreement  and  Bond, 
and  that  if  the  Undersigned  defaults  in  executing  that  Agreement 
within days  of  written  notification  of  the  award  of  the 


ss 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


contract  to  him  or  in  furnishing  the  Bond  within days 

thereafter,  then  the  check  shall  become  the  property  of  the  Owner, 

but  if  this  proposal  is  not  accepted  within days  of  the 

time  set  for  the  submission  of  bids,  or  if  the  Undersigned  executes 
and  delivers  said  Contract  and  Bond,  the  check  shall  be  returned  to 
him  on  receipt  thereof. 

If  the  Owner  intends  to  receive  bids  on  certain  portions  of  the 
work  separately  from  those  made  by  general  contractors  and 
expects  to  place  the  successful  bidders  for  those  portions  under 
the  management  of  a  general  contractor,  as  explained  in  Chapter 
24,  the  form  of  proposal  from  the  general  contractor  should  con- 
tain the  following  statement: 

The  Undersigned  being  aware  that  the  Owner  will  receive  bids  on 

, , agrees  to  accept  as  his 

subcontractors  for  those  branches  such  persons,  firms  or  corporations 
as  the  Owner  may  select,  the  amount  of  his  proposal  being  increased 
by  the\aggregate  of  the  proposals  of  such  subcontractors.  The  under- 
signed has  made  due  allowance  in  his  proposal  for  the  expenses  of 
managing  and  profit  on  such  subcontractors'  work,  and  he  will  make 
no  claim  beyond  the  amount  of  his  contract  sum  for  such  manage- 
ment or  for  any  other  cause  connected  with  them  or  their  work,  agreeing 
that  their  status  shall  be  identical  with  that  of  such  subcontractors  as 
he  may  himself  have  selected,  and  that  he  will  establish  and  maintain 
relations  with  them  identical  with  those  of  other  subcontractors  as 
set  forth  in  the  General  Conditions  of  the  Contract. 

If  the  Owner  intends  to  receive  bids  in  the  manner  described  in 
the  preceding  paragraph,  the  form  of  the  proposal  from  each  bidder 
on  any  portion  of  the  work  thus  reserved  should  contain  the 
following  statement: 

The  Undersigned,  being  aware  that  if  an  award  of  the  contract  is 
made  in  his  favor  he  will  become  a  subcontractor  of  such  general 
contractor  as  may  be  selected,  agrees  so  to  act  and  to  become  subject 
to  all  the  provisions  of  the  General  Conditions  of  the  Contract  as  to 
the  relations  of  the  Contractor  to  subcontractors. 


If  alternative  proposals  are  required,  they  should  be  set  forth, 
as  for  example: 

Should be  substituted  for the  Under- 
signed agrees  to  deduct  (or  will  require  the  addition  of) 

dollars  ($ )  from  {or  to)  the  proposed  sum. 

If  unit  prices  are  required  as  a  part  of  the  proposal,  they  should 
be  set  forth  as,  for  example: 

The  Undersigned  agrees  that  work  added  shall  be  computed  at  the 

following  prices,  and  that  work  omitted  shall  be  computed  at 

per  cent  less  than  these  prices. 

Concrete  foundations per  cubic  yard, 

Rough  brickwork per  thousand. 

Plastering per  yard. 

Etc.,  etc. 

If  the  names  of  subcontractors  whom  the  Contractor  proposes 
to  employ  are  required  as  a  part  of  the  Proposal,  this  requirement 
should  be  set  forth,  as,  for  example: 

In  case  of  obtaining  the  award,  the  Undersigned  will  employ, 
subject  to  the  Architect's  approval,  subcontractors  in  each  of  the 
several  trades  selected  from  the  following  list  {one  or  more  names 
must  be  inserted  for  each  trade): 

Excavation 

Stone  masonry 

Brickwork 

Etc.,  etc. 

It  is  the  practice  in  some  offices  to  reserve  the  right  to  examine 
the  contractor's  sub-bids,  and,  in  consultation  with  the  Owner, 
select  a  list  of  subcontractors,  paying  to  the  contractor  any  differ- 
ence between  the  sub-bid  which  had  been  used  by  the  general 
contractor  and  the  one  selected  by  the  above  process.  The 
users  of  this  method  are  of  the  opinion  that  it  secures  the  advan- 
tages of  both  the  single  contract  system  and  the  separate  contract 
system  to  some  degree. 


Chapter  Thirty 

Legal  Details  of  Agreements 


As  the  laws  relative  to  the  following  matters  vary 
in  the  several  States,  and  as  the  statements  made 
below  are  true  only  in  a  broad  way,  the  provisions 
of  the  laws  of  the  State  in  which  the  building  is  to  be 
erected  should  be  ascertained  from  counsel,  and  the 
details  of  the  contract  documents  should  be  arranged 
in  conformity  therewith. 

Date  of  the  Agreement. 

Agreements  executed  on  Sunday  are  generally 
void  by  statute. 

Names  of  the  Contracting  Parties. 

Ascertain  and  use  the  exact  name  or  legal  title  of 
the  parties.  In  the  case  of  an  individual  or  a  firm, 
the  address  of  the  place  of  business  should  follow 
the  name.  In  the  case  of  a  firm,  see  below  under 
heading  "Signatures." 

In  the  case  of  a  corporation,  use  the  exact  title 
followed  by  a  statement  as  to  the  place  of  incor- 


poration, e.  g.,  "Palmer  Construction  Co.,  a  cor- 
poration under  the  laws  of  the  State  of  Delaware." 
In  the  case  of  a  voluntary  association  (unless  some 
State  statute  authorizes  the  association  as  such  to 
enter  into  contracts  in  its  associate  name)  insert  the 
names  of  the  officers  and  some  responsible  members 
so  that  all  become  personally  bound  by  their  signa- 
tures. 

Signatures  of  Contracting  Parties. 

See  that  the  signatures  agree  exactly  with  the 
names  of  the  parties  as  first  written  in  the  Agree- 
ment. In  the  case  of  a  firm,  the  signature  of  the 
firm  name  by  one  of  the  partners,  in  nearly  all  cases, 
binds  the  firm  and  each  of  its  members.  Obviously, 
it  does  not  bind  special  partners  except  to  the  ex- 
tent of  their  interest.  It  does  not  bind  the  partners 
in  case  the  contract  be  for  something  not  within 
the  scope  of  the   firm's  business. 


S6 


THE]  LETTING  OF  CONTRACTS 


On  account  of  the  trouble  of  securing  the  signa- 
tures of  tlie  various  partners,  it  is  usual  to  accept 
the  firm  name  signed  by  one  of  them,  but  if  the  best 
practice  is  to  be  followed,  the  name  of  each  partner 
as  well  as  that  of  the  firm  should  be  inserted  at  the 
place  where  the  names  of  the  contracting  ])arties 
first  appear  in  the  Agreement  Thus,  "John  Brown, 
Richard  Jones  and  William  Robinson,  trading  as 
John  Brown  &  Co."  In  this  way  we  have  indicated 
to  us  the  names  of  all  the  individuals  who  are  to  be 
made  severally  as  well  as  jointly  lial)le  for  the  per- 
formance of  the  contract  The  signatures  should  be 
identical  in  form  with  the  first  statement  of  names; 
but,  if  absolutely  certain  that  all  those  mentioned 
in  the  Agreement  as  partners  are  in  fact  partners  at 
the  time  of  the  execution  of  the  Agreement,  the  firm's 
signature  signed  by  one  of  the  general  partners 
is   legally   sufficient   and    affords   ample   protection. 

The  name  of  a  corporation  should  be  followed  by 
the  signature  of  the  officer  duly  authorized  to  execute 
a  contract,  e.  g.,"  Palmer  Construction  Co.,  by  Peter 
Palmer,  President."  The  seal  of  the  corporation 
must  be  attached  or  impressed  and  attested  by  the 
proper  officer,  e.  g.,  "Attest,  Walter  Palmer,  Sec- 
retary." 

In  the  case  of  a  voluntary  association,  secure  the 
signatures  of  its  officers  and  a  sufficient  number  of 
responsible  individual  members  to  insure  the  carry- 
ing out  of  the  financial  obligation  assumed  by  the 
contract. 

Authority  to  Execute  a  Contract. 

(a)  By  an  individual:  There  is  ordinarily  no 
legal  bar  to  the  execution  by  an  individual  of  a  con- 
tract for  the  employment  of  an  architect  or  for  the 
execution  of  work  upon  a  building. 

(b)  By  a  business  corporation:  It  is  important 
to  know: 

1.  That  the  corporation  has  the  right  to  enter 

enter  into  the  proposed  contract. 

2.  That  it  has  exercised  that  ri^t  by  legal  action. 

3.  That  the  officer  executing  the  contract  has  been 

duly  authorized  so  to  act  by  the  corporation. 

(c)  By  any  authority  assummg  to  expend  public 
monies.  The  validity  of  an  agreement  between  such 
bodies  and  an  architect  for  his  services  is  so  charged 
with  danger  that  no  architect  should  enter  into  such 
an  agreement  except  under  advice  of  competent 
counsel. 

The  whole  subject  is  discussed  by  Bowman  in  his 
"The  Architect  in  Municipal  Work,"  in  the  Brick- 


builder  for  September,  1913,  and  in  his  "Legal  Hints 
to  Architects,"  same  magazine,  August  and  Septem- 
ber,  191 1. 

It  is  common  practice  to  assume  that  the  Agree- 
ment, if  signed  by  the  president,  sealed  with  the  cor- 
porate seal  and  attested  by  the  secretary,  binds  the 
corporation.  There  should,  however,  be  attached 
to  the  Agreement  a  certificate  showing  that  general 
power  to  sign  is  duly  vested  in  the  one  signing,  or 
else  there  should  be  attached  a  special  certificate 
such  as  the  following: 

"At  a  meeting  of  the  Board  of  Directors  of  the 

duly  notified  and  held  in on 19.-.,  a 

quorum  being  present,  it  was 

Voted:  That the be  and  he  is  hereby 

authorized  and  directed  in  the  name  and  on  behalf  of  this  corpora- 
tion, and  under  its  corporate  seal,  to  execute  and  deliver  a  contract 

with for  a at for  the  sum 

of  $ ,  said  contract  to  be  in  such  form  and  subject  to 

such    conditions    as    said shall    see    fit.     And    said 

is  hereby  further  authorized   and  directed  in  the 

name  and  on  behalf  of  this  corporation  and  under  its  corporate 
seal,  to  execute  and  deliver  to  said  Owner  any  bond  or  bonds  he 
may  see  fit,  to  secure  the  performance  of  said  contract  by  this 
corporation. 

A  True  Copy  from  the  corporate  minutes. 

Attest Secrttary. 

(Corporate  Seal.) 

Witnesses. 

Witnesses  at  signing  are  not  necessary.  If  there 
are  witnesses  there  may  be  embarrassment  in  pro- 
ducing them  in  case  of  a  contest,  whereas,  if  there  are 
none,  the  signatures  may  be  proved  by  any  com- 
petent exidence.  Witnesses  are  of  use  only  when  one 
of  the  parties  claims  that  what  purports  to  be  his 
signature  is  a  forgery. 

Seals. 

The  attachment  of  the  seal  is  a  necessary  part  of 
the  legal  execution  of  a  contract  by  a  corporation. 
A  firm  as  such  has  no  seal,  but  the  attachment  of  a 
seal  binds  the  partner  executing  the  instrument,  and 
in  many  States  the  co-partners  are  also  bound  if  it  is 
for  the  firm's  use  and  business  and  they  assent  to  it 
expressly  or  by  conduct  ratify  it. 

The  use  of  a  seal  or  of  the  word  "seal"  with  the 
name  of  an  individual  can  do  no  harm,  but  since  the 
only  significance  of  a  seal  as  used  in  ordinary  con- 
tracts is  to  imply  a  consideration,  and  since  all  of  the 
Institute's  forms  of  agreements  recite  consideration 
the  use  of  a  seal,  except  in  the  case  of  a  corporation, 
is  quite  unnecessan,'.  A  bond,  however,  by  its  very 
nature  must  be  under  seal. 


57 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


Chapter  Thirty-one 

The  Statidard  Contract  Documents  of  the  American  Institute  of  Architects 

The  above  title  is  that  of  a  group  of  documents  elementsof  the  contract  and  are  acknowledged  as  such 
used  in  connection  with  the  letting  of  contracts  for  in  the  Agreement,  they  are  correctly  termed  the  Con- 
building  construction.  It  was  found  possible,  some  tract  Documents.  Statements  made  in  the  General 
years  ago,  by  a  comparison  of  documents  in  general  Conditions,  in  the  Specifications  or  in  the  Drawings 
use  and  by  careful  consideration  of  the  subject,  to  are  just  as  binding  as  if  made  in  the  Agreement, 
produce  a  series  of  forms  reflecting  the  best  practice,  The  General  Conditions  should  be  bound  with  the 
equitable  as  between  Owner  and  Contractor  and  in  Specifications.  They  are  in  that  way  brought  to  the 
generalbetter  than  any  previously  in  use.  Successive  attention  of  Owner,  Contractor  and  subcontractors 
amendments,  made  in  the  light  of  experience  and  during  the  time  of  the  bidding,  and  any  questions 
with  the  helpful  criticism  of  contractors  and  sub-  about  them  or  objections  to  them  may  be  answered 
contractors,  have  greatly  improved  the  original  form  or  adjusted  before  the  opening  of  bids.  Since  the 
of  the  documents.  General  Conditions  with  the  Drawings  and  Speci- 

On   examining  many   forms   of  contract    in   use  fications    contain    or    should    contain    everything 

before  the  Institute   issued   its  documents,  it  was  necessary  to  a  Contract  except  the  Agreement,  that 

found  that,  however  different  such  contracts  might  document  may,  as  in  the  Institute's  forms,  Appen- 

be  in  detail,  they  were  alike  in  their  attempt  to  throw  dices  J  and  O,  be  quite  brief,  confining  itself  to  such 

every  safeguard  known  to  the  legal  mind  around  the  matters  as  the  contract  sum,  payments  on  account 

interests  of  the  Owner  and  alike  in  ignoring  the  fact  and  time  of  completion.     Such  brevity  is  possible 

that  the  interests  of  the  Contractor  were  equally  because  all  other  matters  have  been  set   forth   in 

worthy   of   protection.     The    Institute   determined  advance  in  the  other  documents,  and  under  such 

that  it  would  draft  its  documents  in  such  a  form  as  to  circumstances  brevity  is   a   substantial   advantage, 

secure  to  the  Owner  and  the  Contractor  an  equal  since  nothing  is  more  likely,  or  more  unfortunate, 

meed  of  fair  treatment  and  protection.  than  controversy  over  a  lengthy  form  of  agreement 

The  series  of  contract  documents  consists  of —  newly  brought  to  the  attention  of  the  contracting 

parties  at  the  time  of  executing  a  contract. 
The  Standard  Form  of  Agreement  between  Con-  Although  the  forms  are  suited  for  use  when  all  the 

tractor  and  Owner  when  a  stipulated  sum  forms  ^,^^^  ^f  ^  building  is  let  under  a  single  or  general  con- 

the  basis  of  payment Appendix  J.  ,  ,,  r      li     .  r  »i 

„,     _        I  r'    J- •        c  I.   n    ,     .  ^„„^„^\^■v  tract,  they  are  equally  apphcable  to  any  ot  the  many 

The  General  Conditions  of  the  Contract Appendix  K..  '         -'  ,  i-   .  •  > 

The  Standard  Form  of  Bond Appendix  L.  separate  contracts  under  which  an  operation  may  be 

The  Standard  Form  of  Subcontract Appendix  M.  conducted.      (See   Chapter   24.) 

The  Standard   Form    of    Acceptance    of    Subcon-  Although  the  General  Conditions  of  the  Contract 

tractor's  Proposal Appendix  N.  ^j.^  primarily  intended  for  use  in  connection  with  a 

A  Form  of  Agreement  between  Contractor  and  contract  let  at  a  Stipulated  Sum  they  may  nevert  he- 
Owner  when  the  cost  of  the  work   plus   a   lee  torms  iljj^  ^1  ir 

,    ,     ■     f   „„„  Annpufliy  O  Icss  bc  adapted  to  a  contract  let  at  cost  plus  a  tee,  as 

the  basis  ol  payment Appendix  w.  .      ,  ,         ,      t-  c  a  •  1     1    r         1 

IS  done  by  the  rorm  of  Agreement  intended  tor  that 
The  Standard  Documents  areconstructed  upon  the  use,  (Appendix  0). 
following  theory:  An  Agreement,  Drawings  and  Competent  administration  calls  for  a  thorough 
Specifications  are  the  necessary  parts  of  a  building  knowledge  of  the  General  Conditions  of  the  Con- 
contract.  Many  conditions  of  a  general  character  tract.  The  more  complete  the  Architect's  grasp  upon 
may  be  placed  at  will  in  the  Agreement  or  in  the  the  details  of  that  document,  the  more  perfect  will  be 
Specifications.  It  is,  however,  wise  to  assemble  in  a  his  mastery  of  the  many  situations  which  it  controls, 
single  document  such  of  them  as  may  relate  to  the  No  important  decision  affecting  the  Owner's  or  the 
whole  or  to  a  large  part  of  the  work,  or  such  of  them  as  Contractor's  rignts  should  be  reached  without  care- 
should  be  known  in  advance  to  bidders  and  sub-bid-  fully  consulting  the  Conditions,  since  in  nearly  all 
ders.  Since  such  conditions  may  have  as  much  bear-  cases  a  rule  affecting  such  a  decision  will  be  found  in 
ing  on  the  Drawings  as  on  the  Specifications  and  even  them. 

more  on  the  business  relations  of  the  contracting  In  addition  to  the  following  notes,  comment  upon 

parties,  they  are  properly  called  "(leneral  Conditions  the  Forms  of  Agreement  and  upon  many  of  the  Ar- 

of  the  Contract."  As  the  Agreement,  General  Condi-  tides  of  the  General  Conditions  may  be  found  at 

tions,  Drawings  and  Specifications  are  the  constituent  various  points  in  this  Handbook. 

S8 


THE  LF/n^NG  OF  CONTRACTS. 


Agreements,  Appendices  ]  and  0. 

See  Chapter  23,  Methods  tif  OintractlnK  for  the  Work. 

Sec  Chapter  24,  Letting  the  Work  iimler  One,  Several  or  Many 
Contracts. 

See  Chapter  25,  Laws  relating  to  Work  Paid  for  from  Piibhc 
Funds. 

See  Chapter  30,  Legal  Details  of  Agreements. 

The  General  Conditions  of  the  Contract. 

For  a  list  of  subjects  sometimes  included  in  the  (jcnerai  Condi- 
tions but  not  included  in  the  Institute's  form.  See  Chapter  21. 

Article  3,  Details  and   Instructions.     See  Chapter  34. 

Article  5,  Shop  Drawings.     See  Chapter  36. 

Article  9,  The  Architect's  Status.     See  Chapter  6. 

The  Architect  is  often  assumed  to  be  in  all  respects  the  agent 
of  the  Owner.  Old  forms  of  agreement  made  him  so,  thus  robbing 
the  Owner  of  much  power  that  ought  to  reside  in  him  alone  and 
imposing  on  the  Architect  many  responsibilities  that  it  should  not 
be  his  duty  to  bear. 

In  the  Institute's  General  Conditions  of  the  Contract  the 
Architect's  agency  is  carefully  limited  to  certain  special  acts,  for, 
as  stated  by  Mr.  William  Stanley  Parker  in  the  Journal  of  the 
American  Institute  of  Architects,  August,  1915: 

"It  is  pretty  generally  conceded  that  the  Architect  must  not 
be  considered  a  general  agent  of  the  Owner,  which  would  give  him 
power  to  change  the  terms  of  the  contract;  but  that  he  must  be 
considered  the  special  agent  of  the  Owner  with  power  to  direct 
the  execution  of  the  contract  according  to  its  terms.  ...  In 
certain  cases  the  General  Conditions  confer  upon  the  Architect 
powers  even  greater  than  those  of  an  agent  in  that  he  can  control 
the  acts  of  the  Owner  himself.  In  Articles  36and  37,  for  instance, 
the  Owner  cannot  do  work  or  terminate  the  Contractor's  employ- 
ment unless  the  Architect  certifies  that  the  neglect  of  the  Con- 
tractor furnishes  adequate  cause  for  such  action.  The  articles 
are  carefully  worded  to  denote  the  exact  limits  of  the  authority 
of  the  Architect,  and  should  be  carefully  studied  with  this  point 
in  mind." 

The  second  paragraph  of  Article  9  makis  it  abundantly  clear 
that  the  Architect  in  performing  many  of  his  most  important  acts 
does  so  not  as  an  agent  of  the  Owner  but  as  a  judge  boimd  to 
strict  impartiality.  In  such  cases  the  Architect  should  be  punc- 
tilious to  give  all  parties  due  notice  of  any  hearings  and  to  give 
them  fair  opportunity  to  present  their  evidence.  If  an  appeal 
may  be  taken  from  his  decision,  he  should  notify  them  thereof 
when  handing  down  such  decision. 

The  law  holds  that,  if  the  Architect  have  suth  a  personal  interest 
as  to  make  him  distort  his  decisions  unfairly  in  favor  of  either 
party,  his  award  is  void.  A  curious  case  of  this  sort  might  occur 
under  Article  39  of  the  General  Conditions  if  it  were  claimed  that 
the  Contractor  had  suffered  damage  by  any  wrongful  act  or 
neglect  of  the  Architect.  In  such  a  case,  since  no  architect  could 
allow  himself  to  be  put  in  the  position  of  seriously  passing  judg- 
ment upon  his  own  acts,  his  wisest  course  would  probably  be  that 
of  making  a  pro  forma  judgment  with  a  view  to  passing  the  case 
up  to  arbitration  as  provided  in  Article  45. 

Article  10.    The  Architect's  Decisions. 

Supplementing  the  statement  in  the  first  sentence  of  Article  9 
that  "the  Architect  shall  have  general  supervision  and  direction 
of  the  work,"  Article  10  provides  that  the  Architect  shall  make 
decisions  on  all  claims  by  either  party  to  the  tontract  and  on  all 
other  matters  relating  to  the  work.  These  decisions  are  the 
necessary  first  steps  in  all  such  matters  and  to  this  extent  the 
Article  merely  states  generally  accepted  custom. 

The  second  sentence  of  Article  10,  however,  provides  that 
"The  Architect's  decisions  in  matters  relating  to  artistic  effect 


shall  be  final  if,  within  the  terms  of  the  Contract  Documents," 
a  provision  that  puts  the  Architect  in  the  position  of  final  arbiter 
in  matters  in  which  no  profit  is  likely  to  be  reaped  by  either  party 
through  an  appeal  from  his  decision. 

Article  10  then  proceeds:  "  Kxcept  as  above  or  as  otherwise  ex- 
pressly provided  in  these  (Jeneral  Conditions  or  in  the  Specifi- 
cations, all  the  Architect's  decisions  are  subject  to  arbitration." 

There  has  been  a  growing  tendency  for  Architects  to  recede 
from  the  logically  untenable  position  of  dictator,  a  position  that 
does  more  harm  psychologically  than  it  does  good  practically. 
The  evidence  of  those  who  for  years  have  permitted  arbitration 
of  all  decisions  shows  that  the  number  of  actual  arbitrations  is 
so  small  as  to  be  negligible. 

A  building  contract  should  be  an  equitable  agreement  and  not 
one  in  which  one  of  the  parties  is  put  in  the  power  of  the  repre- 
sentative of  the  other.  In  his  decisions  an  Architect  should,  and 
doubtless  usually  does,  act  with  impartiality;  but  it  requires  a 
superman  to  be  absolutely  uninfluenced  by  bis  own  interests  or 
those  of  his  employer. 

The  Standard  Documents,  while  in  Article  10  laying  open  a 
wide  field  of  arbitration,  make  such  provision  in  that  article  as 
to  permit  any  architect  to  limit  that  field  in  whatever  way  seems 
wisest  to  him. 

Article  14.  Correction  of  fVork  Before  Final  Payment. 

Great  care  should  be  taken  in  applying  such  drastic  remedies 
as  those  provided  in  the  second  paragraph  of  Article  14.  The 
Owner  and  Architect  in  taking  any  such  steps  should  be  guided 
by  competent  legal  advice. 

Article  16.  Correction  of  IVork  After  Final  Payment. 

The  limit  of  time  within  which  the  Contractor  must  make  good 
defects  due  to  negligence  or  faulty  work  or  materials  is  the  limit 
set  by  the  statutes  of  the  State  in  which  the  building  is  to  be 
erected.  The  time  named  in  the  statute  of  limitations  is  usually 
from  three  to  six  years. 

It  is  to  be  noted  that  Article  16  covers  original  defects  and  that 
it  is  not  a  maintenance  clause.  If  it  is  intended  that  the  Con- 
tractor shall  make  good  any  defects  or  deteriorations  other  than 
those  due  to  his  negligence  or  to  faulty  materials  or  workmanship, 
such  provision  should  be  added  to  the  General  Conditions  or 
included  in  the  parts  of  the  specifications  of  the  work  to  which 
it  is  intended  to  apply. 

The  Bond  of  Suretyship  does  not  run  as  to  Article  16  for  a 
longer  period  than  the  life  of  the  Bond,  but  for  a  slight  extra  pay- 
ment it  may  be  extended  to  cover  the  liability  of  Article  16  or  of 
any  special  longer  guarantee. 

Article  18.  Emergencies. 

Of  Article  18  Mr.  William  Stanley  Parker  says  (Journal  of  the 
American  Institute  of  Architects,  September,  1915),  comparing  it 
with  Article  41  of  the  first  edition  of  that  document: 

"The  provisions  of  this  Article  are  radically  different  from  those 
of  old  Article  41,  in  which  the  only  action  provided  for  was  by  the 
Architect,  acting  as  the  special  agent  of  the  Owner,  and  empowered 
to  make  such  changes  or  order  such  extra  work  as  he  deemed 
advisable  to  meet  the  emergency.  While  the  Architect  was  not 
ordered  to  act,  his  action  was  fairly  implied,  and  under  that  clause 
he  might  conceivably  be  held  to  have  been  derelict  in  his  duty 
if  he  failed  to  observe  and  act  in  an  emergency  which  resulted  in 
damage  to  property  or  injury  to  persons.  This  is  a  responsibility 
which  an  Architect  is  not  paid  to  assume  nor  usually  fitted  to 
exercise.  He  is  a  supervisor,  not  the  active  manager  of  the 
work.  Responsibility  for  the  safe  and  proper  completion  of  the 
building  operations  lies  with  the  Contractor,  and  he  should  be 
held  fully  respon«ible  for  the  adequate  meeting  of  any  emergencies 


59 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


that  arise  out  of  such  operations.  Certain  normal  emergencies 
are  constantly  arising  which  call  for  protective  measures  covered 
by  Article  17.  If  the  emergency  develops  from  sources  outside 
the  contract,  and  for  which  the  Contractor  is  not  financially  liable 
under  the  contract,  he  should  be  equally  responsible  for  proper 
action  to  safeguard  life  and  property,  but  he  should  be  permitted 
to  act  without  waiting  for  the  formality  of  the  notice  required 
by  Article  25  and  the  order  called  for  in  Article  24,  and  later  to 
collect  from  the  Owner  such  extra  remuneration  as  may  be 
approved  by  the  Architect  or  arbitrators.  Article  18  provides 
for  such  action  in  emergencies  of  this  nature.  In  addition  to 
permitting  the  Contractor  so  to  act,  it  also  requires  him  to  act  if 
so  instructed  or  authorized  by  the  Architect  or  Owner." 

Articles  IQ  and  20.  Liability  Insurance. 

Owing  to  the  liability  to  accident  inherent  in  the  process  of 
building,  it  has  for  many  years  been  a  common  practice  to  include 
in  building  contracts,  clauses  of  the  utmost  severity  intended  to 
throw  all  expense  of  such  accidents  upon  the  Contractor,  binding 
him  to  keep  the  Owner  free  from  all  damage  from  such  causes  and 
to  defend  any  suits  brought  against  him,  apparently  without 
regard  as  to  who  was  to  blame  in  the  matter. 

As  the  years  pass,  business  methods  change  and  provisions  once 
perhaps  effective  become  antiquated.  As  to  accidents,  a  great 
body  of  statutes  has  recently  been  enacted,  defining  the  Con- 
tractor's relation  to  his  employees  and  to  the  public,  and  decisions 
have  made  clearer  his  relations  to  the  Owner.  Means  of  insurance 
against  liability  for  such  accidents  have  been  developed  and  such 
insurance  is  now  generally  required  by  law  in  the  case  of  em- 
ployees. It  forms  the  Owner's  first  line  of  defense  and,  in  Article 
19, it  is  therefore  made  incumbent  upon  the  Contractor  to  "main- 
tain such  insurance  as  will  protect  him  from  claims  under  work- 
men's compensation  acts  and  from  any  other  claims  for  damages 
for  personal  injury,  including  death,  which  may  arise  from  opera- 
tions under  this  contract,  whether  such  operations  be  by  himself 
or  by  any  subcontractor  or  anyone  directly  or  indirectly  em- 
ployed by  either  of  them." 

Such  insurance  relieves  the  Contractor  from  the  expense  of 
defending  suits,  and  if  the  verdict  goes  against  him,  pays  it  for 
him.  It  is  thus  of  advantage  to  the  Owner  in  that  it  keeps  such 
suits  away  from  him  and  renders  far  less  likely  the  financial 
embarrassment  or  bankruptcy  of  the  Contractor  in  case  of  a 
heavy  verdict  against  him. 

It  must,  however,  be  remembered  that  the  Contractor  cannot 
take  out  a  policy  that  will  protect  him  beyond  the  liability 
imposed  on  him  by  law  nor  against  every  conceivable  form  of 
accident.  The  Owner  should,  and  may  at  small  cost,  take  out 
a  form  of  insurance  known  as  Owner's  contingent  liability, 
intended  to  guard  him  against  any  claims  that  the  Contractor's 
policies  might  fail  to  cover  or  that  might  properly  be  brought 
against  him.  Article  20  therefore  provides  that  the  Owner  will 
protect  himself  in  that  manner.  This  gives  the  Contractor  an 
assurance  against  the  Owner's  bankruptcy  from  such  a  cause. 

The  Architect  should  inform  the  Owner  of  the  provisions  of 
Articles  19  and  20  and  should  advise  him  to  insist  on  a  policy 
that  will  protect  him  against  loss  or  expense  arising  from  claims 
for  damages  on  account  of  bodily  injuries  or  death  accidently 
sufl^ered  and  not  to  take  a  policy  which  covers  merely  his  loss  or 
the  liability  imposed  upon  him  by  law  for  damages,  since  under 
the  former  the  insurance  company  would  defend  the  case  from 
the  start,  and  in  the  latter  the  Owner  could  not  collect  from  the 
Company  until  after  he  had  fought  out  the  suit  himself.  Even 
then  the  Company  might  have  to  reimburse  him  only  for  the  judg- 
ment obtained  against  him,  and  not  for  the  expenses  of  the  suit. 

All  this,  though  it  goes  far  toward  defending  the  Owner  against 
damage  arising  from  accident  or  from  the  Contractor's  act  or 


neglect,  does  not  cover  all  conceivable  cases;  therefore,  in  Article 
39,  each  party  to  the  contract  is  held  responsible  to  the  other  in 
respect  to  damage  done  because  of  any  act  or  neglect  of  such  party 
or  of  any  one  employed  by  him. 

Thus  the  whole  subject  as  far  as  the  Owner  and  Contractor  are 
concerned  is  covered  just  as  fully,  more  equitably,  and  with 
greater  freedom  from  ultimate  loss  than  in  the  older  forms  of 
contracts. 

The  Architect  should,  however,  bear  in  mind  that  he  may 
become  liable  for  damage  to  persons,  occurring  upon  work  planned 
or  supervised  by  him,  and  therefore  should  consider  protecting 
himself  by  insurance  against  such  liability  even  though  it  be 
remote.     See  Chapter  40. 

Article  2I.  Fire  Insurance. 

If  there  be  more  than  one  direct  contractor,  and  especially 
if  there  be  several  or  many,  each  carrying  insurance  covering  his 
interest  and  that  of  the  Owner  "as  such  interests  may  appear," 
there  result,  in  case  of  fire,  entanglements  and  delays  of  highly 
exasperating  kinds.  To  avoid  such  troubles,  Article  21  provides 
that  the  Owner  shall  insure  the  interests  of  all  parties.  This  he 
may  do  at  less  cost  than  if  he  attempted  to  have  his  several  con- 
tractors do  it  for  him.  Insurance  men  agree  that  the  method 
of  Article  21  is  excellent,  and  experience  shows  that  under  it 
settlement  after  a  fire  can  be  more  quickly  and  readily  effected 
than  by  any  other  method.  As  is  usual  under  any  method,  the 
amount  of  the  policy  is  increased  from  time  to  time  with  the 
growth  of  insurable  value,  but  the  Owner's  duty  is  still  simpler 
if,  as  is  now  possible  in  some  places,  he  will  pay  the  entire  premium 
in  advance  under  an  arrangement  with  the  insurer  which  provides 
a  reasonable  rebate  on  account  of  the  gradual  growth  of  value. 

If  the  method  of  Article  21  is  not  to  be  employed,  the  Architect 
should  provide  a  substitute  as  an  additional  article  to  the  General 
Conditions.  The  Architect  should  notify  the  Owner  of  his  duty 
in  respect  to  fire  insurance. 

Article  22.  Guaranty  Bonds.     See  Chapter  32. 
Article  2J.  Cash  Allowances. 

Such  allowances  form  an  entirely  legitimate  and  highly  useful 
method  of  covering  items,  the  details  of  which  are  not  fully  deter- 
mined at  the  time  of  writing  the  specifications,  or  are  of  such  a 
nature  that  good  results  are  not  to  be  had  from  competitive 
bidding. 

Article  24.  Changes  in  the  Work.     See  Chapters  7  and  37. 
Article  2^.  Claims  jar  Extras. 

The  Architect  should  bear  in  mind  that  in  giving  decisions 
under  this  Article  he  is  acting  as  a  judge  and  not  as  agent  of  the 
Owner. 

Article   26.  Applications  for   Payment.     See    Chapter    38,    also 
Chapter  35. 

Article  27.  Certificates  and  Payments.     See  Chapter  39. 

Article  28.  Paymeits  Withheld.     See  Chapter  39. 

Article  29.  Liens.    See  Chapter  40. 

Articles  36  and  j;.  Right  to  do  Work.  Termination  of  Contract. 
The  drastic  remedies  here  permitted  require  great  care  in 
their  application,  principally  because  the  rights  given  are  also 
strictly  limited  by  the  courts  to  the  terms  in  which  they  are 
granted  in  these  articles.  They  may  not  be  enlarged  by  implica- 
tion or  construction.  Competent  legal  advice  should  be  taken 
in  applying  them.  If  the  Owner  does  any  work  upon  the  build- 
ing, except  through  a  contractor,  his  contingent  liability  insur- 


60 


THE    LETTING   OF   CONTRACTS. 


ance  probably  becomes  void,  or  at  least  fails  to  proicct  him  in 
respect  of  loss  growing  out  of  work  so  done. 

Article  43.  Subcontracts. 

The  second  paragraph  of  Article  43  siiREesrs  a  method  of  making 
proposals  that  has  much  to  commend  it.  Dickering  of  sub-bids 
after  the  contract  is  let  is  of  advantage  to  no  one  but  the  Con- 
tractor and  sometimes  may  prove  a  boomerang  to  him.  It  is  to 
the  advantage  of  the  Owner  that  the  sub-contracts  be  let  to 
responsible  bidders  at  reasonable  prices.  If  the  names  of  the 
proposed  principal  subcontractors  are  given  in  the  proposal,  and 
form  part  of  the  accepted  bid,  their  status  is  determined  and  no 
second  bidding  for  cut-rate  prices  is  possible  for  those  portions  of 
the  work.  If  any  of  these  sub-bidders  are  incompetent  or  unfit, 
substitutions  of  satisfactory  ones  can  be  arranged  before  the  con- 
tract is  signed.  Furthermore,  the  naming  of  sub-bidders  per- 
mits a  more  intelligent  analysis  of  the  low  bid  and  indicates  the 
general  class  of  work  to  be  expected.  Many  contractors,  and 
particularly  sub-contractors,  favor  this  type  of  proposal,  and  the 
Article  permits  the  Contractor  to  name  his  sub-bidders  if  he  so 
desires,  even  if  not  required  to  do  so.  See,  also,  Chapter  22, 
Competitive  Bidding. 

The  third  paragraph  authorizes  a  subcontractor  who  believes 
himself  to  be  underpaid  to  apply  to  the  Architect  for  information 
as  to  the  amount  of  payments  certified  on  account  of  his  part  of 
the  contract.  His  exact  interest  may  not  be  shown,  as  other  work 
or  part  of  the  Contractor's  profit  may  be  included  in  the  item,  but 
so  far  as  it  may  be  of  value  to  him  he  would  appear  to  be  entitled 
to  the  information;  and  through  his  right  to  apply  for  it  the  Archi- 
tect gains  a  source  of  information  which  may  well  be  of  use  in 
connection  with  the  provisions  of  Article  28  {b)  and  (c)  relating  to 
the  withholding  of  payments  on  account  of  possible  liens  or  failure 
to  make  proper  payments  to  subcontractors. 


I  he  last  paragraph  of  Article  43  makes  it  perfectly  clear  that 
no  contractual  relation  between  the  Owner  and  any  subcontractor 
has  been  created  by  any  of  the  provisions. 

Arlicle  44.  Relations  of  Contractor  and  Subcontractor. 

Article  44  has  been  embodied  in  the  Standard  Documents  only 
after  most  searching  criticism  and  careful  consideration  of  its 
effect  on  the  documents  as  a  whole.  Counsel  agree  that  it  in 
no  way  affects  the  validity  of  the  contract  between  the  Owner 
and  the  Contractor,  and  it  appears  greatly  to  simplify  the  stand- 
ardization of  subcontracts. 

The  Article  simplifies  the  execution  of  all  formal  subcontracts 
and  automatically  applies  to  all  others. 

Article  4$.  Arbitration. 

The  Article  is  intended  to  afford  a  means  of  settling  disputes 
between  the  Owner  and  the  Contractor,  but,  according  to  para- 
graph (0)  of  Article  44,  the  procedure  is  applicable  to  disputes 
between  the  Contractor  and  his  subcontractors. 

The  Article  makes  reference  to  the  laws  of  the  State  in  which 
the  work  lies.  Comparison  should  be  made  of  the  procedure  laid 
down  in  this  article  with  local  laws,  and,  where  necessary,  amend- 
ments should  be  made. 

As  the  courts  now  look  with  greater  favor  than  formerly  upon 
the  settlement  of  disputes  out  of  court,  such  a  method  as  that 
provided  by  the  documents  should  now  be  regarded  with  much 
more  seriousness  than  formerly.  The  Architect  should  be  most 
careful  in  taking  any  steps  that  may  lead  to  arbitration.  He 
should  see  to  it  that  all  procedure  is  carried  on  in  consonance  with 
law  and  with  the  arbitration  clause  of  the  contract.  He  should 
do  what  he  can  to  have  the  case  at  issue  fairly  and  clearly  stated 
in  the  submission. 


Chapter  Thirty-two 
Bonds  of  Suretyship 


A  bond  of  suretyship  is,  in  the  sense  in  which  it  is 
ordinarily  used  in  the  practice  of  Architecture,  an 
obligation  in  writing  and  under  seal  by  which  the 
Contractor,  called,  as  far  as  the  bond  is  concerned, 
"the  Principal,"  and  another  person,  firm  or  cor- 
poration, called  "the  Surety,"  hold  themselves  bound 
to  the  Owner  in  a  certain  sum  of  money  in  case  the 
Contractor  should  fail  to  perform  the  Contract  on 
his  part  or  should  fail  to  do  certain  other  acts  named 
in  the  bond.  For  the  form  of  such  a  bond  see  Ap- 
pendix L. 

The  bond,  as  above  indicated,  is  usually  furnished 
by  the  Contractor  to  the  Owner,  but  there  are  cases, 
as  where  the  Owner  is  suspected  of  inability  to  per- 
form his  part  of  the  Contract  or  when  he  is  neither  a 
person,  nor  a  corporation,  e.g.,  an  unincorporated 
association  and  therefore  generally  incapable  of  being 
sued,  where  a  bond  of  suretyship  is  given  by  the 
Owner  to  the  Contractor.  There  are  also  cases  in 
which  each  party  gives  a  bond  to  the  other. 


Until  recent  years  the  surety  was  generally  a 
person  or  persons  of  means,  willing,  on  account  of 
friendship  or  business  connection  to  go  upon  the 
Contractor's  bond.  Of  late  years  surety  companies, 
or,  as  they  are  often  called,  bonding  companies, 
have  come  into  existence,  and  as  they  furnish  a  more 
certain  and  less  troublesome  means  of  securing 
surety,  and  as  they  are  for  the  most  part  of  un- 
doubted financial  stability,  they  have  taken  the  place 
of  the  individual  bondsman. 

Since  the  surety  company  must  be  paid  for  its 
services,  and  since  the  cost  of  corporate  surety,  if 
required,  is  charged  by  the  Contractor  to  the  Owner, 
either  by  including  it  in  the  amount  of  his  proposal 
or  by  subsequently  charging  it  as  an  extra,  it  is  im- 
proper to  speak  of  the  Contractor  as  "giving"  a  bond. 
He  furnishes  it  for  payment  just  as  he  furnishes  the 
foundations  or  any  other  part  of  the  building. 

This  state  of  affairs  is  recognized  in  the  General 
Conditions  of  the  Contract,  Article  22,  which  pro- 


61 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE. 


vides:  "The  Owner  shall  have  the  right  to  require 
the  Contractor  to  furnish  bond  covering  the  faithful 
performance  of  the  contract  and  the  payment  of  all 
obligations  arising  thereunder,  in  such  form  as  the 
Owner  may  prescribe  and  with  such  sureties  as  he 
may  approve.  If  such  bond  is  required  by  instruc- 
tions given  previous  to  the  receipt  of  bids,  the  pre- 
mium shall  be  paid  by  the  Contractor;  if  subsequent 
thereto,  it  shall  be  paid  by  the  Owner." 

Bonds  when  prepared  by  surety  companies  usually 
contain  provisions  under  which,  if  the  Owner  or 
Architect  shall  do  or  fail  to  do  certain  things  easily 
forgotten  during  the  course  of  the  erection  ot  a  build- 
ing, the  bond  automatically  becomes  void.  It  is 
therefore  important  that  the  bond  should  be  without 
such  limitations;  indeed  that  it  should  contain  such 
provisions  as  those  of  the  final  paragraph  of  Appen- 
dix L,  in  which  the  principal  and  surety  waive  notice 
of  alteration  in  the  terms  of  the  contract,  of  exten- 
sions of  time  or  of  any  other  forbearance  on  the  part 
of  either  the  OwTier  or  the  principal  to  the  other. 
Absolute  reliance  should  not,  however,  be  placed  on 
such  provisions;  thus,  if  the  amount  of  the  contract 
were  increased  50  or  100  per  cent  without  the  knowl- 
edge of  the  surety,  it  might  be  contended  that  the 
risk  had  been  substantially  altered  by  collusion  be- 
tween Owner,  Architect  and  Contractor,  or  if  the 
Contractor  were  paid  sums  on  account  greatly 
larger  than  those  named  in  the  agreement  or  in  ad- 
vance of  the  dates  named  therein,  a  similar  conten- 
tion might  be  advanced. 


Surety  companies  having  in  their  employ  a  legal 
staff  alert  to  every  avenue  of  escape  from  what 
would  seem  to  be  their  obligations,  it  follows  that 
extreme  caution  must  be  used  in  dealing  with  them. 
It  is  for  this  and  other  reasons  that  some  architects 
still  prefer  as  surety  men  of  good  financial  standing 
rather   than    bonding   companies. 

In  the  expenditure  of  public  money  for  building 
purposes,  bonds  of  special  forms  are  frequently  re- 
quired. The  Architect  should  in  all  such  cases  ask 
the  Owner  to  furnish,  through  his  counsel,  complete 
and  definite  information  as  to  the  legal  requirements, 
amount,  form,  etc.,  of  the  bond. 

The  present  practice  of  bonding  companies  in  the 
United  States  is  to  charge  a  certain  percentage  of  the 
amount  of  the  contract  for  a  construction  bond  in 
such  form  as  Appendix  L  or,  in  fact,  for  a  similar 
construction  bond  in  any  form,  even  though  contain- 
ing clauses  inimical  to  the  Owner's  interest.  The 
amount  of  the  bond  is  peimitted  to  equal  the  con- 
tract sum,  and  as  no  lower  charge  is  made  for  a  bond 
of  smaller  amount,  it  is  obviously  wise  to  name  the 
contract  sum  as  the  amount  of  the  bond. 

The  present  practice  is,  for  the  same  percentage, 
to  permit  the  life  of  the  bond  to  extend  twelve  months 
beyond  the  day  on  which  the  final  payment  under  the 
contract  falls  due.  There  is,  therefore,  nothing  to 
be  gained  by  naming  a  shorter  time. 

In  connection  with  the  subject  of  a  bond  see, 
also,  Chapter  31,  Article  16. 


Part  V 

THE  EXECUTION  OF  THE  WORK 

Chapter  Thirty-three 

On  Notifying  the  Ozvner  and  the  Contractor  of  Certain  Duties 


The  Contractor  and  the  Owner  are  both  assumed 
by  the  law  to  be  conversant  with  the  documents 
forming  the  contract  and  therefore  no  blame  could 
be  imputed  to  the  Architect  for  failing  to  draw  their 
attention  to   their  duties   under  those   documents. 

Nevertheless,  since  both  of  them  show,  as  a  rule, 
no  great  inclination  to  become  conversant  with  the 
General  Conditions,  it  is  well  to  inform  the  Owner 
of  some  of  his  more  important  duties  as,  for  example, 


those  relating  to  insurance,  by  directing  his  attention 
to  Article  21  of  the  General  Conditions  of  the  Con- 
tract and  informing  him  that  it  is  well  to  have 
included  in  the  policy  such  a  clause  as  the  fol- 
lowing: 

"It  is  agreed  that  this  insurance  .ilso  covers  assured's  liability 
for  necessary  fees  for  architects  and  engineers  eitiployed  as  a  residt 
of  loss  to  the  property  insured,  but  in  no  case  shall  the  loss  and 
said  fees  combined  exceed  the  amount  of  this  policy,  nor  shall 


62 


THE  EXECUTION  OF    I  I  IE  W(;RK 


said  fees  exceed  six  percent  of  ilie  amuunt  of  the  loss  in  case  of  a 
total  loss,  nor  shall  said  fees  exceed  ten  per  cent  of  the  amount  of 
the  loss  is  case  of  a  partial  loss." 

The  Owner  should  also  be  notified  tliat  the  con- 
tract makes  no  provision  as  to  insurance  against 
lightninf;,  windstorms,  hail  and  earth(]iiakts,  and 
that  it  is  optional  with  him  whetiier  he  will  take  oiit 
protection  apainst  loss  hy  them.  At  the  time  al- 
terations are  hcRiin,  the  Owner  should  he  reminded 
to  inform  his  fire  insurance  company,  and  secure 
necessary  rider  to  his  jiolicics  in  order  to  avoid  pos- 
sible vitiation  of  insurance. 

He  should  also  be  notified  of  his  right  under  Ar- 
ticle 19  of  the  General  Conditions  to  have  certificates 
of  the  Contractor's  liability  insurance  filed  with 
him,  and  he  should  be  informed  as  to  his  status  in  the 
matter  of  contingent  liability  under  Article  20. 
(See  Chapter  31,  Articles  19  and  20). 

The  Architect  should  consider  whether  it  woidd 
not  be  wise  to  send  the  Contractor  such  a  letter  as 
the  following: 


In  connection  with  the  contract  hetwcen  you  and 

for we  bcK  to  call  your  attention  to  the  importance 

of  a  thorough  knowled(;e  on  your  part  of  all  the  documents  form- 
ing the  contract.  I  he  Agreement  contains  matter  with  which 
it  is  essential  that  you  should  be  familiar.  You  should  also  make 
a  careful  study  of  the  ficneral  Conditions  of  the  Contract  since 
they  contain  a  clear  and  comprehensive  statement  of  the  rela- 
tions of  Owner,  Contractor,  and  Architect.  Not  only  do  they  show 
the  many  duties  that  you  have  agreed  to  perform  in  addition  to 
or  in  connection  with  the  execution  of  the  work,  but  they  also 
provide  many  safeguards  for  your  interests — safeguards  of  the 
existence  and  methods  of  application  of  which  you  should  have 
knowledge. 

We  draw  your  attention  to  the  fact  that  the  drawings  and 
specifications  are  a  part  of  the  contract  documents  and  that  care- 
ful study  of  them  is  essential  to  the  execution  of  the  work. 

We  ask  you  to  work  in  harmony  with  us  as  wc  shall  hope  to 
work  with  you,  since,  in  the  intricate  processes  of  building  it  is 
only  by  the  sympathetic  cooperation  of  Contractor  and  Architect 
that  the  best  results  can  be  obtained. 

Such  a  letter  as  the  above  might  in  case  of  a  suit 
at  law  be  of  value  as  showing  that  the  Contractor's 
knowledge  of  the  General  Conditions  was  not  merely 
presumptive  but  that  he  had  had  special  notice  of 
their  importance. 


Chapter  Thirty-four 
Schedule  of  Detail  Drawings  and  Schedule  of  Progress  of  the  Work 


The  first  paragraph  of  Article  3  of  the  General 
Conditions  of  the  Contract  states  that  the  Architect 
is  to  furnish  drawings  additional  to  the  contract 
drawings  and  all  other  instructions  needed  for  carry- 
ing on  the  work,  the  relation  these  instructions  must 
have  to  the  original  contract  documents,  and  also  the 
Contractor's  obligation  to  do  work  only  in  accordane 
therewith. 

The  Architect  is  called  upon  to  furnish  this  addi- 
tional information  "with  reasonable  promptness," 
which  obviously  permits  a  claim  for  delay  by  the 
Contractor  if  he  fails  to  do  so.  Much  just  complaint 
is  made  by  contractors  of  the  dilatory  methods  of 
architects,  which  not  infrequently  result  in  financial 
loss  as  well  as  inconvenience.  In  the  matter  of  pro- 
viding necessary  information,  the  Architect  is  an  es- 
sential factor  in  the  progress  of  the  work,  and  he 
should  be  as  prompt  in  providing  it  as  he  will  doubt- 
less expect  the  Contractor  to  be  in"  executing  the 
work,  and  the  Contractor  should  be  properly  pro- 
tected from  the  results  of  delays  caused  by  the  Ar- 
chitect. 

The  second  paragraph  of  Article  3  reads: 

"The  Contractor  and  the  Architect,  if  either  so  reciuests,  shall 
jointly  prepare  a  schedule,  subject  to  change  from  time  to  time 


in  accordance  with  the  progress  of  the  work,  fixing  the  dates  at 
which  the  various  detail  drawings  will  be  required,  and  the  Archi- 
tect shall  furnish  them  in  accordance  with  that  schedule.  Under 
like  conditions,  a  schedule  shall  be  prepared,  fixing  dates  for  the 
submission  of  shop  drawings,  for  the  beginning  of  manufacture 
and  installation  of  materials  and  for  the  completion  of  the  various 
parts  of  the  work." 

A  schedule  of  the  dates  on  which  detail  drawings 
are  to  be  delivered  is  rarely  made,  but  in  cases  where 
completion  of  the  building  at  a  given  date  is  of  im- 
portance, as  in  commercial  structures  with  heavy 
carrying  charges  and  with  fixed  dates  for  the  admis- 
sion of  tenants,  such  a  schedule  should  alwavs  be 
prepared.  The  Contractor  may  not  recognize  the 
fact  that  reasonable  time  for  the  preparation  of  de- 
tail drawings  is  essential,  and  on  making  less  prog- 
ress than  he  expected,  he  may,  in  spite  of  Article  35, 
claim  that  such  delay  is  due  to  the  Architect's  fail- 
ure promptly  to  supply  him  with  drawings.  If, 
however,  at  the  time  of  executing  the  contract,  a 
schedule  is  agreed  upon,  the  Architect  will  have  every 
incentive  to  deliver  his  drawings  in  accordance  with 
it,  and  the  Contractor  will  be  able  to  plan  with  ac- 
curacy the  time  of  beginning  the  shop  and  setting 
drawings,  and  the  time  of  beginning  the  execution 


63 




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64 


THE   EXI'X'UTION  OF    IHL  WORK 


of  the  various  parts  of  the  work  at  shops,  mills,  etc., 
as  well  as  at  the  IniiklinR. 

The  schedule  of  intended  progress  of  work,  except 
in  cases  of  great  importance,  is  rarely  worked  out 
in  the  detail  described  in  Article  3,  but  in  a  simpler 
form,  i.  e.,  as  a  schedule  of  dates  for  the  beginning  and 
ending  of  the  work  of  each  trade.  It  is  fre(]uently 
made  and  is  of  great  value  as  a  guide  to  proper 
progress.  For  every  building  of  importance  such  a 
schedule  should  be  prepared  with  very  great  con- 
sideration since  it  sets  forth  the  plan  of  campaign  in 
accordance  with  which  the  work  is  to  be  carried 
on. 

Such  a  schedule  may  take  the  form  of  a  mere  list  of 
the  several  trades,  opposite  to  the  name  of  each  of 
which  is  set  the  date  for  commencing  and  ending  its 


work.  The  statement  in  such  a  form  is  not,  however, 
very  easily  comprehended  and  it  is  therefore  much 
better  to  express  it  in  the  form  of  a  "line  schedule," 
.such  as  Exhibit  No.  18.  If  the  intandcd  progress  be 
indicated  by  a  line  of  a  certain  character  /^,r  color 
the  actual  progress  may,  from  time  to  time,  \>x 
plotted  on  the  same  diagram  by  a  line  of  some  other 
character  or  color.  For  example,  in  Exhibit  No.  18 
the  intended  progress  is  shown  by  the  solid  lines,  the 
actual  progress  by  the  broken  lines. 

Such  a  schedule  is  perhaps  all  that  it  is  reasonable 
to  ask  the  Contractor  to  furnish,  but  the  Architect, 
if  in  as  close  touch  with  the  work  as  he  should  be,  will 
need  a  Diagram  of  Progress  setting  forth  much  more 
vividly  the  actual  progress  of  the  work.  For  such 
diagrams  see  Chapter  36. 


Chapter  Thirty-five 

Schedule  of  Values 


Article  26  of  the  general  conditions  of  the  contract 
provides — • 

"  If  required,  the  Contractor  shall,  before  the  first  application, 
submit  to  the  Architect  a  schedule  of  values  of  the  various  parts 
of  the  work,  including  quantities  aggregating  the  total  sum  of  the 
contract,  divided  so  as  to  facilitate  payments  to  subcontractors 
in  accordance  with  Article  44  (c),  made  out  in  such  form  and,  if 
required,  supported  by  such  evidence  as  to  its  correctness,  as  the 
Architect  may  direct.  This  schedule,  when  approved  by  the 
Architect,  shall  be  used  as  a  basis  for  certificates  of  payment, 
unless  it  be  found  to  be  in  error.  In  applying  for  payments,  the 
Contractor  shall  submit  a  statement  based  upon  this  schedule 
and,  if  required,  itemized  in  such  form,  and  supported  by  such 
evidence  as  the  Architect  may  direct,  showing  his  right  to  the 
payment  claimed." 

Such  a  schedule  of  values  and  of  quantities  is  of 
high  importance  and  except  in  contracts  of  small 
moment  the  Architect  should  insist  upon  a  prompt 
submission  of  it  by  the  Contractor.  It  is',  as  ex- 
plained in  Chapter  38,  of  great  assistance  in  deter- 
mihing  amounts  from  time  to  time  payable  to  the 


Contractor.  On  submission,  it  should  be  analyzed, 
by  the  Architect  with  great  care.  The  "evidence  as 
to  its  correctness"  to  which  the  Architect  is  entitled 
under  Article  26  should  be  required  and  particular 
care  should  be  taken  to  see  that  the  amounts  claimed 
as  due  to  the  earlier  or  middle  stages  of  the  work  are 
not  excessive. 

If  a  competent  clerk  of  the  works  is  to  be  in  charge, 
he  will  look  upon  the  verification  of  the  schedule  of 
values  and  quantities  as  one  of  his  most  serious 
duties.  A  thorough  analysis  of  the  schedule  will  aid 
him  in  reporting  from  month  to  month  on  the  value 
of  the  work  done.  If  a  quantity  survey  (see  Chapter 
26)  has  been  made,  the  surveyor  will,  in  view  of  his 
general  qualifications  and  of  his  special  knowledge 
of  the  work  in  hand,  be  called  upon  to  verify  or  assist 
m  makmg  the  schedule. 

The  schedule  of  values  should  take  such  a  form  as 
that  shown  on  the  second  page  of  the  "Application 
for  a  Certificate  of  Payment".     (Exhibit  No.  23). 


Chapter  Thirty-six 

Shop  Drawings,  Schedules,  Supervision,  Superintendence  and  Diagravis  of  Progress 
Shop  Drawings  and  Schedules 


No  matter  how  carefully  the  Architect's  drawings 
may  be  made,  they  do  not  completely  cover  the  con- 
structive details  of  all  the  trades  employed  upon  the 


work,  nor  would  the  masters  of  those  trades  wish  the 
Architect  to  enter  more  fully  than  he  does  into  such 
details.  The  drawings  made  by  the  several  trades, 
the  so-called  shop  drawings,  are  a  necessary  step 
between  the  Architect's  drawings  and  actual  con- 


65 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


struction.  Even  if  it  were  proper  tor  him  to  do  it,  the 
Architect  could  not  make  the  shop  drawings  accept- 
ably to  the  mechanics  because  in  most  cases,  such 
drawings  speak  not  merely  the  language  of  the  trade 
but  the  louguage  of  the  very  shop  in  which  the  work 
is  to  be  made. 

A  few  examples  will  illustrate  this:  In  cabinet 
work,  the  Architect's  drawings  will  show  the  design 
completely,  including  full  size  drawings  of  every 
detail.  Of  the  ultimate  appearance  of  the  work,  the 
Architect  has  furnished  complete  information,  but 
for  the  translation  of  his  design  into  execution  other 
drawings  are  needed,  showing  not  merely  the  exact 
dimensions  of  the  work  established  by  the  Architect's 
drawings  and  by  measurements  taken  at  the  building, 
but  showing  the  method  of  jointing,  the  way  in  which 
the  mouldings  are  to  be  built  up,  the  thickness  of  the 
the  face  work,  the  shape  and  size  of  the  backing,  the 
construction  of  veneered  doors  and  panel  work.  All 
this  must  necessarily  be  done  by  the  cabinet  maker  in 
order  that  his  work  may  pass  through  his  shop  in  an 
orderly  and  economical  manner  and  so  that  his 
mechanics  may  have  before  them  the  kind  of  drawing 
they  are  in  the  habit  of  using.  These  drawings  must, 
of  course,  be  inspected  and  corrected  by  the  Archi- 
tect that  he  may  be  sure  his  design  is  to  be  carried 
out  with  accuracy  and  with  constructive  detail  that 
will  give  the  best  results. 

Similarly,  in  steel  construction,  even  though  the 
structural  engineer  may  have  detailed  the  work  with 
precision,  the  manufacturer  will  make  shop  drawings 
to  bring  about  standardization  of  details  and  facility 
of  fabrication  and  erection.  The  Architect,  as  well  as 
his  structural  engineer,  must  however,  inspect  such 
drawings  with  great  care  to  be  certain  that  the 
manufacturer  is  not  using  smaller  sections  or  fewer 
rivets  than  those  contracted  for,  that  he  is  not 
moving  columns  off  their  foundations,  running  I 
beams  across  elevator  shafts  or  making  less  easily 
detected  but  equally  embarassing  mistakes. 

The  manufacturer  of  terra  cotta  will  wish  to  detail 
the  sizes  and  jointing  of  his  blocks,  but  he  may  do  it 
in  a  manner  entirely  abhorrent  to  the  Architect.  In 
his  setting  drawings  he  must  show  to  the  minutest 
detail  the  complex  system  of  metal  clamps  and 
reinforcements  necessary  to  keep  his  work  in  posi- 
tion. 

Even  though  plumbing,  heating,  etc.,  should  have 
been  most  fully  drawn  and  specified,  the  masters  of 
the  pipe  trades  must  make  very  complete  layouts  of 
their  work  so  fully  in  detail  as  to  make  sure  that  no 
pipe,  radiator  or  piece  of  apparatus  interferes  with 
structure  or  equipment  and  that  they  will  be  silent 
and  effective  in  operation. 


To  govern  the  relations  of  Architect  and  Con- 
tactor in  this  matter,  the  General  Conditions  of  the 
Contract,  Article  5,  provide  as  follows: 

"Article  5.  Shop  Drawings. 

"The  Contractor  shall  submit,  with  such  promptness  as  to 
cause  no  delay  in  his  own  work  nor  in  that  of  any  other  contractor, 
two  copies  of  all  shop  or  setting  drawings  and  schedules  required 
for  the  work  of  the  various  trades  and  the  Architect  shall  pass 
upon  them  with  reasonable  promptness.  The  Contractor  shall 
make  any  corrections  required  by  the  Architect,  file  with  him 
two  corrected  copies  and  furnish  such  other  copies  as  may  be 
needed.  The  Architect's  approval  of  such  drawings  or  schedules 
shall  not  relieve  the  Contractor  from  responsibility  for  deviations 
from  drawings  or  specifications,  unless  he  has  in  writing  called  the 
Architect's  attention  to  such  deviations  at  the  time  of  submission, 
nor  shall  it  relieve  him  from  responsibility  for  errors  of  any  sort 
in  shop  drawings  or  schedules." 

It  is  wise  for  the  Architect  to  watch  the  delivery 
of  all  shop  drawings  and  schedules  and.  unless  they 
are  forthcoming  in  good  season,  to  urge  their  delivery. 
Prompt  action  on  them  should  be  taken*not  merely 
because  Article  5  requires  it,  but  because  it  is  due  to 
the  interests  of  both  Owner  and  Contractor. 

The  maker  of  a  shop  drawing  puts  his  own  number 
on  it.  When  it  reaches  the  Architect's  office,  it  is 
usually  given  the  Architect's  file  number  and  an 
appropriate  sheet  number.  As  the  process  of 
receiving,  examining,  approving,  and  distributing 
shop  drawings  is  a  complicated  one,  especially  when 
many  of  them  are  passing  through  the  Architect's 
office,  a  schedule,  such  as  Exhibit  No.  19,  showing 
the  progress  made  with  such  drawings,  is  not  only  an 
aid  in  keeping  a  pressure  on  the  subject  but  it  may 
prove  very  valuable  when  claims  are  made,  as  they 
so  often  are,  that  time  was  lost  by  the  Architect  in 
passing  upon  shop  Drawings. 

Supervision  and  Superintendence:  The  Clerk  of  the 
Works — There  is  a  broad  distinction  between  super- 
vision and  superintendence.  The  latter  means  a 
much  more  thorough,  detailed  and  continuous  in- 
spection of  the  work  than  the  former. 

The  -Institute's  circular  entitled  "Professional 
Practice  of  Architects,"  (Appendix  D)  Article  11, 
states: 

"The  Architect  endeavors  to  guard  the  Owner  against  defects 
and  deficiencies  in  the  work  of  contractors,  but  he  does  not  guar- 
antee the  performance  of  their  contracts.  The  supervision  of  an 
architect  is  to  be  distinguished  from  the  continuous  personal 
superintendence  to  be  obtained  by  the  employment  of  a  clerk  of 
the  works. 

"When  authorized  by  the  Owner,  a  clerk  of  the  works,  accept- 
able to  both  Owner  and  Architect,  is  to  be  engaged  by  the  Archi- 
tect at  a  salary  satisfactory  to  the  Owner  and  paid  by  the  Owner, 
upon  presentation  of  the  Architect's  monthly  certificates." 

The  two  forms  of  Agreement  between  Owner  and 
Architect,  (Appendices  E  and  F)  make  similar 
statements. 


66 


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67 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


It  must  be  perfectly  evident  to  the  reasonable 
Ownerthat  the  Architect  cannot,  consistently  with  his 
other  duties,  be  personally  present  at  the  work 
any  large  proportion  of  his  time,  and  that  he 
cannot  be  expected  to  pay  for  continuous  super- 
intendence. 

The  custom  of  the  profession  is  that  when  mere 
supervision  will  suffice,  the  Architect  furnishes  it, 
but  that  when  continouuous  superintendence  is 
needed  the  Owner  pays  the  salary  of  the  clerk 
of  the  works.  Even  in  the  latter  case  the  Archi- 
tect gives  supervision,  and  usually  quite  as  much  of 
it  as  in  the  former. 

In  all  but  small  work  the  Owner  is  negligent  of  his 
interest  if  he  does  not  employ  a  clerk  of  the  works,  as 
will  be  seen  when  the  duties  of  that  officer  are  con- 
sidered. It  is  the  Architect's  duty  to  impress  the 
Owner  with  the  wisdom  of  employing  a  thoroughly 
competent  clerk  of  the  works. 

Supervision  Is  no  very  certain  guarantee  against 
bad  v^'ork;  superintendence  is  so  to  a  much  higher 
degree,  but  neither  will  turn  a  bad  mechanic  into  a 
good  one.  The  inexperienced  or  ignorant  Owner  is 
perfectly  willing  to  award  his  work  to  the  lowest 
bidder,  saying,  "Let  the  Architect  see  to  it  that  the 
Contractor  gives  me  a  good  job."  He  defeats  his 
own  ends  by  pretending  to  believe  that  the  Architect 
has  some  occult  power  unknown  to  other  men. 

The  person  stationed  at  the  work  in  the  Owner's 
interest  is  variously  called  the  inspector,  the  super- 
intendent, or  the  clerk  of  the  works.  These  titles 
connote  slightly  different  functions.  Inspector  is  the 
title  usually  applied  to  a  superintendent  of  public 
works.  His  duties,  especially  when  in  governmental 
employment,  are  more  narrowly  limited  than  in 
private  practice.  He  is,  at  least  in  theory,  to  detect 
any  deviation,  however  slight,  from  the  requirements 
of  the  contract,  to  report  on  it  and,  at  the  appointed 
times,  on  the  proportion  of  work  done,  and  he  is  to 
leave  all  else  to  higher  powers.  Practically,  he  finds 
much  more  to  do.  Superintendent  is  the  name 
usually  given  to  the  Contractor's  chief  local  or 
traveling  representative.  Sometimes  the  name  ap- 
plies to  one  who  on  behalf  of  the  Architect,  from 
time  to  time,  visits  all  of  the  Architect's  work  in 
progress.  In  some  parts  of  the  country,  superinten- 
dent is  used  interchangeably  with  clerk  of  the  works 
and  in  some  parts  the  latter  term  is  not  to  be  found. 
It  is,  however,  the  authentic  expression  which  for 
hundreds  of  years  has  been  used  as  the  title  of  a 
person  skilled  in  building  superintendence,  acceptable 
to  the  Architect,  acting  in  the  Owner's  interest,  paid 
by  him  and  continuously  or  almost  contmuously 
present  at  a  structure  in  process  of  erection.    In  this 


Chapter  the   person   having   surveillance   over   the 
work  is  assumed  to  be  a  clerk  of  the  works. 

Efficiently  to  perform  his  duties,  the  clerk  of  the 
works  requires  rather  unusual  qualities.  He  should 
be  clear-headed,  energetic  and  honest.  He  should 
have  technical  knowledge  and  experience  of  building 
materials  and  processes.  He  must  command  the 
confidence  and  respect  of  Owner,  Architect  and  Con- 
tractor, for  not  only  must  he  see  to  it  that  the  work 
proceeds  according  to  the  best  practices  of  the 
different  trades,  but  he  must  do  so  while  preserving  . 
agreeable  relations  with  all  those  concerned  with  the 
work. 

The  clerk  of  the  works  should  have  the  instincts 
and,  if  only  in  part,  the  training  of  an  Architect. 
Only  so  informed  can  he  make  true  interpretations  of 
the  drawings  and  specifications,  since  upon  him 
frequently  falls,  in  the  first  instance,  the  duty  of  so 
doing.  He  must  be  artist  enough  to  foresee  a  final 
effect  before  it  is  reached,  thus,  in  case  of  threatened 
ill  results,  giving  the  Architect  a  chance  to  pass  upon 
the  work  before  much  of  it  is  done.  He  must  have 
also  a  fair  knowledge  of  engineering  principles,  for 
there  are  occasions  when  he  must  make  decisions 
before  the  Architect  or  his  consulting  engineer  can  be 
reached.  Such  knowledge  prompts  him  whenever 
time  permits  to  report  the  conditions,  whereas  with- 
out such  knowledge  he  might  allow  the  work  to 
proceed  to  disaster. 

No  less  important  then  these  qualities  are  diplo- 
macy and  tact.  While  the  clerk  of  the  works  must 
see  that  work  is  done  properly,  he  should  not  let  the 
mechanics  feel  that  they  are  under  espionage.  He 
must  make  them  feel  a  pride  in  doing  things  well. 
He  must  lead  them  to  understand  that  he  is  there  to 
aid  them  in  the  proper  execution  of  their  work,  and 
that  he  does  not  intend  to  make  captious  use  of  his 
authority  or  to  find  petty  fault. 

He  must  always  bear  in  mind  that  he  has  no 
authority  to  relax  or  nullify  the  requirements  of 
the  contract  documents.  If  adjustments  or  con- 
cessions are  to  be  made,  he  must,  if  only  for  his  own 
protection,  secure  from  the  Architect  proper  written 
authority  before  permitting  them. 

The  duties  and  responsibilities  of  the  clerk  of  the 
works  will  depend  greatly  on  the  number  of  direct 
contracts  under  which  the  work  is  let.  If  there  be 
but  a  single  contract,  and  that  subject  to  liquidated 
damages  after  a  given  date,  one  of  his  concerns  will  be 
to  give  the  Contractor  no  opportunity  to  claim  that 
he  has  delayed  the  work.  If  there  be  several  con- 
tractors his  duties  are  greatly  increased.  When  there 
are  many,  as  under  the  "Separate  Contract  System," 
(Chapter  24),  his  duties  and  responsibilities  reach  a 


68 


11  IK  EXECUTION  OF  THE  WORK 


maximum,  since  he  must  guide  and  harmonize  the 
work  of  the  various  trades. 

Upon  assuming  charge,  the  clerk  of  the  works  must 
thoroughly  acquaint  himself  with  the  drawings  and 
specifications.  Among  his  earliest  duties  is  the 
making  of  a  schedule  of  (luantities  ol  materials  or  the 
verification  of  one  furnished  by  the  Contractor,  i^ince 
such  a  schedule  will  be  needed  in  checking  applica- 
tions for  payment.  If  the  clerk  is,  as  under  the  sep- 
arate contract  system,  to  have  large  powers  in  the 
direction  of  the  work,  the  schedule  will  be  used  to 
determine,  when  materials  reach  the  site,  whether  the 
shipment  is  sufficient  to  complete  the  building,  or  if 
not,  what  proportion  is  lacking.  As  foremen  are 
notably  careless  in  reporting  insufficient  shipments, 
such  measurement  is  important.  Serious  delay  may 
be  caused,  for  example,  by  the  discovery,  when  a  roof 
is  half  on,  that  not  enough  material  is  at  hand  to 
complete  it  and  the  operation  of  all  other  trades  upon 
the  building  may  be  stopped  for  want  of  protection 
from  the  weather. 

While  the  clerk  of  the  works  should  be  careful  not 
to  interfere  with  a  Contractor's  scheme  for  the  pro- 
gress of  the  work,  he  should  establish  in  his  mind  the 
requence  and  proper  progress  of  operations  under  the 
different  trades,  for  he  can  nowise  better  prove  his 
ability  than  by  a  habit  of  anticipating  difficulties  and 
delays,  and  reporting  to  the  Architect  thereon. 

Operations  having  been  started,  the  clerk  of  the 
works  must  be  present  on  the  ground  throughout  all 
working  hours,  he  must  examine  materials  and  work- 
manship, verify  lines  and  levels,  measure  work  extra 
to  or  omitted  from  the  contract,  and  report  promptly 
to  the  Architect  all  irregularities  in  the  performance 
of  the  contract. 

The  clerk  of  the  works  must  retair  in  his  memory 
all  bulletins  or  directions  from  the  Ardiitects  office. 
He  will  do  well  to  search  for  possible  unforeseen 
consequences  in  any  departures  from  the  original  plan. 
He  must  have  clearly  in  mind  the  kind  and  quality  of 
materials  and  workmanship  specified,  and  he  must 
be  so  well  informed  about  them  as  to  be  able  to  pass 
correct  judgment  upon  them.  He  should  give  all  his 
directions  to  mei  harics  through  their  foreman. 

The  clerical  duties  of  a  clerk  of  the  works  are  not 
without  importance.  It  is  essential  that  he  keep  his 
records,  drawings  and  correspondence  in  orderly 
manner  capable  of  instant  reference.  Bulletins  or 
messages  from  the  Architect  affectmg  the  work 
should  be  kept  in  the  sight  of  all  whom  they  concern. 
Daily  reports  must  be  sent  to  the  Architect's  office, 
where  they  are  kept  in  orderly  files.  They  should  be 
on  printed  forms  separated  by  a  sheet  of  caroon  paper 
so  that  the  clerk  may  retain  a  copy  of  etch  day's 


report.    They  should  furnish  at  least  the  information 
called  for  by  Exhibit  No.  20. 

Reports  of  the  progress  of  construction  should  be 
made  regularly  to  the  Architect  by  graphic  means,  as 
by  dated  lines  upon  blue-prints  of  the  elevations,  by 
photographs  of  the  work  in  progress,  or  by  a  Diagram 
of  Progress,  as  described  further  on  in  this  Chapter. 

As  an  aid  in  checking  applications  for  payment,  a 
schedule  of  percentages  of  work  done  should  be  kept. 
These  percentages  are  established  after  dividing  the 
value  of  each  part  of  the  work  as  given  in  the 
Schedule  of  Values,  (Chapter  35),  by  the  total  quan- 
tities of  that  part,  a  unit  price  including  ratio  of 
profit,  overhead,  etc.,  thus  being  obtained.  Thus  the 
number  of  thousands  of  bricks,  the  cubic  yards  of 
concrete,  the  number  of  tons  of  steel,  divided  into 
their  respective  sums  give  such  gross  unit  prices.  At 
the  close  of  each  month  the  clerk  of  the  works  should 
measure  or  compute  the  actual  amount  of  material 
incorporated  into  the  building.  This  done,  the 
monthly  applications  for  payment  are  quickly  ad- 
justed and  extravagant  guesses  fairly  discounted. 

The  urging  of  delinquent  contractors  is  a  task  that 
should  be  carefully  adjusted  between  the  clerk  of  the 
works  and  the  Architect's  office  in  order  that  there  be 
no  conflict. 

If,  while  aiding  in  the  avoidance  of  interruptions 
and  delays,  while  bringing  about  fair  adjustments  by 
supplying  his  principals  with  accurate  facts,  while 
upholding  honest  and  conscientious  ideals  of  servi  e, 
the  clerk  of  the  works  is  clever  enough  also  to  help 
contractors  in  solving  their  difficulties,  he  will  win  the 
confidence  of  all  and  will  assure  himself  the  acknowl- 
edgement of  a  difficult  task  successfully  performed. 

If  specialists  have  been  employed  to  design  struc- 
tural work,  heating  and  ventilating  apparatus,  or 
mechanical  and  electrical  plants,  their  services  are 
usually  continued  in  supervision  of  the  work  executed 
from  their  designs.  In  such  cases  the  Architect 
should  insist  on  their  making  a  written  report  after 
each  of  their  visits.  Such  reports  will  show  the 
frequency  of  such  visits,  the  thoroughness  of  their 
inspection,  and  the  state  of  the  work.  They  should, 
of  course,  report  on  the  value  of  the  work  done  in 
their  several  departments  before  the  issuance  of  eac  h 
certificate  of  payment. 

Similarly,  the  inspectors  of  steel,  cement,  etc., 
should  be  required  to  make  regular  written  reports 
on  the  materials  with  the  examination  of  which  they 
are  charged. 

Diagrams  of  Progress:  The  development  of  dia- 
grams of  progress  has  furnished  architects,  con- 
tractors, subcontractors  and  even  owners,  an  in- 
valuable means  of  comparing  the  intended  with  the 


69 


lExhibit  20.)  DAILY  REPORT  TO  DOE  &  ROE,  ARCHITECTS,  SAN  GALLO,  TEXAS. 

ON  THE  CONSTRUCTION  OF 

DATE WEATHER 

TIME   LOST  DUE  TO TEMPER./VTURE.. 


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Damp-proofing. 

Plain  Concrete 

Plumbing 

Terrazzo 

Stone  Masonry. 
Brick  Work 

Heating 

Interior  Marble 
Cabinet  Work._ 
Painting 

Elevators 

Kitchen  Equip- 
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Laundry 

Equipment. 

Laboratory 
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Refrigerators 

Setting  Cut 

Stone. 
Reinforced 

Concrete. 

Steel  Erection.- 
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Glazing 

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Exterior  Drains 

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WORK  DONE 


WORK  OR  MATERIALS  UNSATISFACTORY 


VISITORS 


MATERIALS  DELIVERED 


MATERIALS  OR  MEN  NEEDED  NOW 


MATERIALS  OR  MEN  KEEDED  SHORTLY 


REMARKS 


Ckrk-of-the-Works. 


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71 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


actual  progress  of  the  preparation  of  materials  for 
and  execution  of  work  upon  buildings.  It  is  not 
the  intention  here  to  deal  with  diagrams  of  progress 
except  as  an  aid  to  Architects. 

That  the  Architect  may  be  informed  of  the  per- 
centage of  the  work  of  each  trade  completed  on  any 
given  building  at  any  given  time,  a  diagram  of  in- 
tended progress  should  be  made  on  tracing  linen  so 
that  the  clerk  of  the  works  may  from  time  to  time 
show  upon  it  the  actual  progress  of  each  branch  of  the 
work,  and  may  send  it  to  the  Architect  who  retains  a 
print  and  returns  the  tracing. 

Exhibit  No.  21  shows  the  earlier  part  of  such  a 
schedule.  In  it,  reading  from  left  to  right,  time  is 
shown,  while  at  the  left,  from  top  to  bottom,  appear 
the  names  of  the  trades.  The  space  opposite  each 
trade  is  divided  by  horizontal  lines  mto  ten  equal 
spaces,  each  space  from  top  to  bottom  representing 
10  percentof  the  work  of  that  trade.  Nowif  for  each 
trade  a  solid  line  be  drawn  from  the  upper  to  the 
lower  limit  of  that  trade,  extending  from  the  date  of 
intended  beginning  to  the  date  of  intended  ending, 
we  have  a  schedule  of  intended  progress  quite  a-  clear 
as  that  shown  in  Exhibit  No.  18  (Chapter  34).  If 
there  be  any  reason  to  suppose  that  the  work  of  a 
given  trade  will  progress  at  one  time  more  rapidly 
than  another,  expression  may  be  given  to  that 
supposition  by  a  suitable  modification  ot  the  line. 

If  now,  as  the  work  advances,  dots  be  placed  show- 
ing the  precentage  of  the  work  of  each  trade  done 
upon  given  dates,  a  schedule  of  actual  progress  will 
unfold  itself,  and  it  will  be  easy  to  see  whether  that 
progress  is  reasonably  in  consonance  with  the  in- 


tended progress.  Such  knowledge  warns  those 
charged  with  the  conduct  of  the  work  to  take  appro- 
priate action. 

The  diagram  in  question,  when  made  to  a  fairly 
large  scale,  presents  very  clearly  the  information 
which  it  is  intended  to  supply;  but  if  made  to  such  a 
scale,  and  if  many  trades  enter  into  the  structure,  it 
becomes  long  and  inconvenient  to  handle. 

To  overcome  this  difficulty,  a  circular  form  of  the 
diagram  of  progress  has  been  devised  which,  though 
seeming  a  little  complicated,  has  the  advantage  of 
compactness  and  shows  any  deviation  from  in- 
tended progress  very  sharply. 

The  circular  diagram  consists  of  two  distinct 
records  separated  by  a  heavy  double  line.  The  outer 
circles  may  be  used  for  the  work  ot  certain  trades 
and  the  inner,  if  it  be  thought  desirable,  for  that  of 
other  trades  simultaneously  in  progress.  It  is  of 
distinct  advantage  to  show  the  lines  of  the  program 
and  of  progress  in  different  colors. 

The  circular  diagram  is  to  be  seen  in  a  series  of 
articles  by  Charles  A.  Whittemore,  A.  I.  A.,  entitled 
"Diagrammatic  Progress  Schedules"  and  published 
in  the  Brickhuilder  in  January,  February,  March, 
and  April,  1916.  These  articles  present  an  exhaus- 
tive treatment  of  the  whole  subject,  show  the  values 
of  such  diagrams  to  architects,  contractors,  sub- 
contractors, and  owners,  and  describe  the  applica- 
tion of  the  system  to  the  preparation  of  shop  and 
detail  drawings  and  to  the  progress  of  work  at 
quarries,  shops,  foundries,  in  transit,  etc.,  as  well  as 
to  work  in  course  of  erection. 


Chapter  Thirty-seven 
Changes  in  the  Aniount  of  the  Contract 


Changes  in  the  contract  sum  arise  from  sundry 
causes.  Even  though  borings  may  have  been  made 
or  test-pits  dug,  conditions  underground  may  be  such 
as  to  give  rise  to  extras.  So  intricate  is  the  process  of 
drawing  and  specifying  a  modern  building  that  it  is 
scarcely  possible  even  for  the  most  expert  to  foresee 
and  exactly  describe  every  item  that  will  be  needed  in 
its  construction.  Improvements  in  design,  construc- 
tion, or  materials  are  almost  certain  to  occur  to  the 
Architect  as  the  work  proceeds,  and  it  is  dearly  his 
duty  to  lay  such  suggestions  before  the  Owner.  The 
Owner  himself  may  wish  to  include  features  that  he 
had  not  thought  of  before  closing  the  contract;  some- 
times he  merely  changes  his  mind  about  what  he  wants. 


From  these  causes  and  many  others  arise  changes 
that  delay  the  work  and  increase  its  cost.  It  is  a 
mistake  to  assume  that  such  changes  are  as  a 
rule  welcome  either  to  the  Architect  or  to  the  Con- 
tractor. Except  in  rare  cases,  they  are  to  both  a 
source  of  delay,  annoyance  and  loss. 

A  reasonable  percentage  of  the  total  cost  of  the 
work  should  be  set  aside  as  a  reserve  for  that  increase 
in  the  contract  sum  which  almost  inevitably  takes 
place  during  the  construction  of  the  work. 

Article  24  of  the  General  Conditions  of  the  Con- 
tract makes  it  plain  that  the  Architect  has  no  right, 
except  in  emergencies,  to  alter  the  contract  sum, 
either  by  ordering  extras  or  by  accepting  deductions, 


72 


[Exhibit  22] 

ORDER  FOR  A  CHANGE  IN  THE  AMOUNT  OF   THE  CONTRACT 

Office  of  Doe  and  Roe,  Architects,  San  Gallo,  Texas 

No.  of  this  Order Date  of  Issuance  

To 

Contractor  for 

At 

Owner „ 

Contract  dated 

You  are  hereby  instructed,  subject  to  the  provisions  of  the  above-named  contract,  to  make  the  follow- 
ing changes  therein: 


Architect  Owner 

73 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


unless  so  authorized  by  the  Owner.  Such  an  authori- 
zation may  be  general,  the  Architect  being  consti- 
tuted the  Agent  of  the  Owner  for  such  purposes,  but 
the  OwTier,  under  ordinary  conditions,  will  be  loath  to 
grant  to  another  so  great  a  power  over  his  purse, 
and  the  Architect,  if  well  advised,  will  be  unwilling 
to  accept  so  heavy  and  unnecessary  a  responsibility. 
As  shown  in  Article  24,  the  Owner  sometime'; 
authorizes  the  Architect,  in  writing,  to  order  an  extra 
or  omission,  the  Architect,  in  view  of  such  instruc- 
tions, signing  the  order.  In  other  cases  the  Architect 
prepares  and  countersigns  the  order,  thus  showing 
the  Owner  that  it  has  his  approval  as  to  matter,  form, 
and  amount.  The  order  is  then  sent  in  triplicate  to 
the  Owner,  who  is  asked  to  keep  one  copy  for  his  files 
and  to  sign  two  copies  and  return  them  to  the  Archi- 
tect, who  keeps  one  for  his  files  and  sends  the  other  to 
the  Contractor. 


The  clerk  of  the  works  should  be  furnished  with  a 
copy  of  each  order.  If  the  order  is  concerned  with 
work  designed  by  a  specialist  he  also  should  be 
furnished  a  copy  of  it. 

An  order  for  a  change  in  the  amount  of  the  con- 
tract ought  to  bear  a  printed  heading  indicating  that 
it  is  such.  Thus  clearly  distinguished  from  ordinary 
correspondence,  the  probability  is  slight  that  claims 
will  be  made  that  instructions  given  in  the  course  of 
such  correspondence  constitute  orders  for  extras  to 
the  contract.  Exhibit  No.  22  is  a  typical  form  for 
such  an  order.  It  may  be  used  when  the  Architect 
signs  the  order  by  writing  "for"  before  the  name 
of  the  Owner  on  the  last  line  or  it  may  be  used, 
when  the  Owner  signs  the  order,  by  writing  "Ap- 
proved" before  the  name  of  the  Architect  on  the  last 
line. 


Chapter  Thirty-eight 

Applications  for  Payment 


Article  26  of  the  General  Conditions  of  the  Con- 
tract provides — 

"The  Contractor  shall  submit  to  the  Architect  an  application 
for  each  payment  and,  if  required,  receipts  or  other  vouchers 
showing  his  payments  for  materials  and  labor,  including  payments 
to  subcontractors,  as  required  by  Article  44.  If  payments  are 
made  on  valuation  of  work  done,  such  application  shall  be  sub- 
mitted at  least  ten  days  before  each  payment  falls  due." 

After  describing  the  schedule  of  values  of  the 
various  parts  of  the  work  (see  Chapter  35),  Article  26 
further  provides — 

"In  applying  for  payments,  the  Contractor  shall  submit  a 
statement  based  upon  this  schedule  and,  if  required,  itemized  in 
such  form  and  supported  by  such  evidence  as  the  Architect  may 
direct,  showing  his  right  to  the  payment  claimed." 

The  Architect,  by  insisting  upon  the  submission 
of  a  completely  filled  out  form  of  Application  for 
Payment,  such  as  Exhibit  No.  23,  will  find  himself 
much  assisted  in  the  difficult  task  of  arriving  at  the 
value  of  the  work  on  which  the  amount  of  the  certifi- 
cate is  to  be  based.  If  there  be  a  clerk  of  the  works, 
a  copy  of  the  Contractor's  application  is  usually  sent 
to  him  for  verification  and  report  as  in  Chapter  36. 
Sometimes  the  Architect  by  a  mere  inspection  of  the 


work  satisfies  himself  of  the  correctness  of  the  appli- 
cation, but  such  a  method  can  scarcely  be  com- 
mended. 

For  all  work  of  importance,  and  especially  for  work 
paid  for  by  public  funds,  it  is  the  best  practice  to  have 
quantities  taken  off  and  the  work  of  each  trade  care- 
fully valued  by  a  competent  person  for  comparison 
with  the  Contractor's  claim. 

One  of  the  excellent  features  of  the  Quantity 
System  (see  Chapter  26)  lies  in  the  fact  that  the 
quantity  surveyor,  a  person  especially  competent  for 
the  task  and  already  familiar  in  detail  with  the  work 
and  its  quantitier,  may  be  asked  to  make  a  valuation 
of  work  done,  as  a  basis  for  the  amount  of  each  cer- 
tificate. 

The  valuation  of  work  forming  the  basis  of  a  cer- 
tificate of  payment  should  be  regarded  as  one  of  the 
Architect's  most  serious  duties,  not  merely  because 
a  failure  correctly  to  value  it  must  do  some  injury, 
even  if  only  for  the  time  being,  to  the  Owner  or  the 
Contractor,  but  because  in  cases  where  a  loss  has 
fallen  on  one  of  them  on  account  of  an  inaccurate 
valuation,  the  Architect  has  been  held  liable  for  the 
full  amount  of  the  loss. 


74 


(Exhibit  23  first  page] 


APPLICATION  FOR  A  CERTIFICATE  OF  PAYMENT 

made  to  Doe  &  Roe,  Architects,  the day  of. 19. 

To  innurf  prompt  instance  of  the  certificatt  thin  fwm  nhouUl   he  fdUd  out  in  tripHciUc,  between  the  first 
and  fifth  of  each  month,  one  copy  heiny  retained   by  the  Contractor  and  two  furwardtd  to  the  Architect$. 


In  accordance  with  the  terms  of  a  contract  entered  into  the, 
day  of 19 ,  by  and  between , 


{Name  the  kind  0/  work,  kind  of  building  and  its  location.) 


Owner  and 


Contractor,  for 


the  Contractor  certifies 

(a)  that  proportionately  to  the  amount  of  the  contract  the  value  of  labor  and  mate- 

rials incorporated  in  the  work  up  to  the  first  day  of  the  current  month  was....  $ 

(b)  that  the  percentage  reserved  thereon  amounts  to $,. 

(f)  that  deducting  (b)  from  (a)  the  net  sum  is..._ $ 

{d)  that  the  total  of  certificates  heretofore  issued  is $ _^_ 

(e)  that  the  net  balance  now  subject  to  certificate  is _ $ 

and  the  Contractor  hereby  applies  for  a  certificate  in  that  amount. 

The  Contractor  further  certifies  that  the  statements  on  pages  two  and  three  hereof  are  in  all  respects 
correct,  and  that,  to  the  extent  to  which  the  items  in  column  seven  may  be  allowed,  he  will  forthwith  pav 
the  several  subcontractors  in  accordance  with  Article  44  of  the  General  Conditions  of  the  Contract. 


Contractor. 


75 


[Exhibit  23  second  page] 

SCHEDULE  OF  VALUES  PREPARED  IN  ACCORDANCE  WITH  ARTICLE  26 
OF  THE  GENERAL  CONDITIONS  OF  THE  CONTRACT 


Column  i.     The  names  of  the  several  parts 
of  the  work. 

Column  2.     The  names  of  the  Subcontrac- 
tors for  the  several  parts  of  the  work. 

Column   3.     The  value 
of  each  of  the   several 
parts  of  the  work. 

I 

2 

3 

4 

5 

6 

7 

8 

• 

9 

10 

II 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

3S 
36 

37 
38 

39 

40 

41 
42 

43 

Original  Contract  Sum     

44 
4S 

Balance  of  Extras  and  Omissions  .   . 

46 

47 

Contract  Sum  at  date  hereof  .... 

FOR  CONVENIENCE  IN  TYPEWRITING.  THE  FIRST  and  SECOND  SHEETS  OF  THIS  FORM  MA  Y  BE  DETACHED  FROM  EACH  OTHER 

76 


[nAtiimr  23,  third  pane] 

STATEMENT  OF  THE  PROGRESS  OF  THE  SEVERAL  PARTS  OF  1 
BASED  ON  THE  FOREGOING  SCHEDULE  OF  VALUES. 


IE  WORK 


C'oi,.    4.    1  lie    value   of 
labor  and  matL-rials  inc<jr- 
porated  in  the  work  up  to 
the  first  of  current  month 


('(II  .  V  'he  li.ilamc  left 
hnish  the  part,  i.  c, 
the  fiKure  in  Column  3 
minus  that  in  Column  4. 


le    inerease  in 


Col,.   6.    T 

the  Kto.ss  value  of  the 
part  since  last  applica- 
tion for  payment. 


Above  total  must  equal 
that  in  line  (a)  on  first 
page-         


Above  total  shows  the 
amount  left  to  finish 
the  whole  work. 


Above  total  is  the  in 

crease  in  value  of  whole 


C..I..  7,    Ihe 


It  amount'Coi..   H.    Ihe   Contractor 


now  claimed;  1.  f.,  the 
figure  in  Column  6 less 
the  reserved  percentage 


work  since  last  applicat'nipace. 

77 


Above  total  must  equal 
that   in   line   (1')   on  first 


states  that  he  has  paid 
each  Subcontractor  the 
amount  named  below. 


If  this  sheet  is  detached 
from  the  other  the  date 
of  this  application  must 
be  entered  here. 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


Chapter  Thirty-nine 

Certificates  of  Payment 


The  General  Conditions  of  the  Contract  provide 
in  Article  27,  that— 

"If  the  contractor  has  made  apphcatlon,"  as  in  Article  26, 
"the  Architect  shall,  not  later  than  the  date  when  each  payment 
falls  due,  issue  to  the  Contractor  a  certificate  for  such  amount 
as  he  decides  to  be  properly  due." 

The  amount  of  the  certificate  is  therefore  left, 
subject  to  the  provisions  of  the  contract,  entirely  to 
the  Architect's  discretion,  but  he  must  not  forget 
that  in  reaching  a  decision  he  is  acting  not  as  the 
Owner's  agent,  but  in  a  judiciary  capacity. 

In  ascertaining  the  amount  to  be  paid  under  any 
certificate,  the  Architect  should  assure  himself: 

(a)  That  the  value  of  the  work  done  has  been  accurately  ascer- 
tained as  of  the  date  specified  for  that  purpose  in  the  Agreement. 

(b)  That  the  amount  of  the  retained  percentage  has  been 
deducted. 

(c)  That  the  sum  so  ascertained  is  not  absolute  but  "propor- 
tionate to  the  amount  of  the  contract,"  if  that  phrase  be  used  in 
the  agreement. 

(d)  That  the  correct  total  of  the  antecedent  certificates  has 
been  deducted. 

(f)  That  there  exist  none  of  the  reasons  for  withholding  pay- 
ment enumerated  in  Article  28  of  the  "General  Conditions  of  the 
Contract,"  i.  e.,  no  defective  work  not  remedied,  no  evidence 
indicating  the  probable  filing  of  claims,  no  failure  of  the  Contractor 
to  make  payments,  no  reasonable  doubt  that  the  contract  can  be 
completed  for  the  balance  unpaid,  no  notice  of  damage  to  another 
contractor. 

Before  issuing  a  final  or  semi-final  certificate,  the 
Architect  should  be  sure: 

(a)  That  the  degree  of  completion  of  work  called  for  by  the 
Contract  has  been  reached. 

(h)  That  any  period  of  time  required  to  elapse  between  the 
issuance  of  the  semi-final  and  final  certificate  has  elapsed. 

(c)  That  the  Owner's  interests  have  been  protected  in  respect 
to  the  filing  of  liens,  either  by  a  release  of  liens  and  affidavit,  or 
by  some  other  course  permitted  under  Article  29  of  the  General 
Conditions.  In  this  connection,  see  Chapter  40.  In  any  event, 
the  Architect  should  be  sure  that  the  course  followed  is  proper 
under  the  law  applicable  at  the  place  of  building. 


(d)  That  the  accounts  as  between  Owner  and  Contractor  have 
been  adjusted,  including  original  contract  sum,  extras  and  omis- 
sions, cash  allowances,  deductions  for  uncorrected  work,  deduction 
for  liquidated  damages. 

(<•)  That  any  written  guarantees,  such  as  those  for  slag  roofing, 
have  been  deposited  with  the  Architect  or  Owner,  as  well  as  all 
certificates  of  inspection,  such  as  for  boilers  or  electrical  work. 

It  is  customary  in  some  offices  to  require  the  Con- 
tractor to  sign  a  written  guarantee  at  the  completion 
of  the  work  which  shall  cover  all  items  requiring 
guarantees  under  the  specification.  Such  guarantees 
are  made  out  in  triplicate,  signed  and  executed,  and 
distributed  to  the  Owner,  Contractor  and  Architect. 

Before  issuing  the  final  certificate  the  Owner  should 
out  of  courtesy,  be  asked  whether  he  knows  any 
reason  why  the  certificate  should  not  issue. 

If  any  certificate  be  issued  departing  from  the 
contract  terms  favorable  to  the  contractor,  the 
Owner's  consent  in  writing  should  be  secured  and  a 
note  made  on  the  certificate  that  it  is  special  and 
issued  with  that  consent.  If  there  be  a  bond,  the 
Architect  should,  before  issuing  such  a  certificate, 
consider  whether  the  surety's  consent  should  be 
secured. 

A  well-considered  form  of  certificate  should  be 
used,  preferably  such  as  Exhibit  No.  24,  which  makes 
clear  the  status  of  account  and  requires  the  Con- 
tractor to  agree  that  it  is  correct  or  else  seek  its 
amendment.  Such  a  certificate  should  be  made  out 
in  quadruplicate.  The  signed  original  and  one  copy 
are  sent  to  the  Contractor.  A  copy  is  sent  to  the 
Owner  with  notification  of  the  issuance  of  the  cer- 
tificate and  another  copy  is  retained  by  the  Architect. 
The  reason  that  a  copy  goes  to  the  Contractor  with 
the  original  is  that,  since  he  receipts  the  original  and 
loses  possession  of  it,  he  may  have  for  his  files  a  copy 
of  it  and  especially  of  its  statement  of  account. 


78 


[Exhibit  24] 

CERTIFICATE  OF  PAYMENT  AND  STATEMENT  OF  ACCOUNT 

Office  of  Doe  and  Roe,  Architects,  San  Gallo,  Texas 
No.  of  Certificate Date  of  Issuance 

J.    I~lli^     lO       X   vy     V_>ll/r\.  1   Ir^    1        tliat,    in    accordance    with    the    terms 

of  a  contract  executed  the day  of 

19 ,  by  and  between 

Contractor  and 

Owner,   for 


there  will  be  due  and  payable  from  the  Owner  to  the  Contractor,  upon  the  fifteenth  day  of. 

19 ,  the  sum  of. 

a  ) 

The  status  of  account  under  the  above  contract  is  as  follows: 

Original  contract  sum $ 

Additions  to  date  hereof._ 

Original  sum  plus  additions „ 

Deductions  to  date  hereof. 

Contract  sum  at  date  hereof. _ 

Total  certified,  including  the  amount  of  this  certificate 

Leaving  not  yet  certified „ 

Architects 

The  Contractor,  having  examined  the  above  statement  of  account,  finds  it  correct  and  acknowledges 

receipt,  upon  the 19 ,  of  the  amount  above  certified. 

Contractor 

This  certificate  is  not  negotiable.     It  is  payable  only  to  the  payee  named  in  it.     Its  issuance,  payment  and  acceptance  are  without  prejudice 
to  any  rights  of  the  Owner  or  Contractor  under  their  contract. 

79 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


Part  VI 

THE  ARCHITECT  AND  THE  LAW 

Chapter  Forty 


General  Aspects  of  Architectural  Law 


It  is  difficult  to  discover  from  common  law  and 
from  statutes  the  principles  governing  the  relations 
of  Architects,  Owners,  and  Contractors.  To  discern 
such  principles  from  conflicting  masses  of  care  law  is 
still  more  difficult,  since  the  outcome  of  cases  is 
dependent  upon  testimony  often  obscure  and  con- 
flicting, upon  the  intelligence  of  the  jury,  upon  the 
sufficiency  of  the  pleading,  upon  the  wisdom  and 
experience  of  the  judge. 

After  reading  reports  of  many  such  cases  one  is 
forced  to  the  conclusion,  that  with  few  exceptions, 
those  who  find  themselves  at  law  are  the  stupid,  the 
negligent,  the  dishonest,  and  the  unreasonable.  The 
average  Architect,  endowed  with  honesty  and  a  fair 
degree  of  skill,  using  such  well-perpared  documents 
as  the  Institute  has  now  made  available,  is  not  likely 
to  become  involved  in  litigation.  Since  this  hand- 
book assumes  the  use  of  those  documents,  and  since 


a  number  of  the  preceding  Chapters  have  dealt  with 
legal  matters,  but  few  aspects  of  the  Architect's  rela- 
tion to  the  law  need  to  be  mentioned  in  this  Chapter. 

The  Architect  who  wishes  to  gain  some  general 
knowledge  of  the  law  as  related  to  his  work  should 
consult  "Architect,  Owner  and  Builder  before  the 
Law,"  by  T.  N.  Clark,  F.  A.  I.  A.,  which  deduces, 
from  some  800  cases  therein  reported,  the  principles 
of  the  law  as  related  to  building. 

Since  the  date  of  its  publication,  1894,  the  statutes 
relative  to  the  subject  have  grown  in  number  and  the 
records  of  cases  have  become  much  more  voluminous. 
Therefore,  two  series  of  articles  bringing  the  subject 
up  to  date,  one  entitled  "Legal  Hints  to  Architects," 
which  appeared  In  the  Brickbuilder,  191 1,  the  other 
"Architectural  Jurisprudence,"  in  the  Brickbuilder 
for  1913,  both  from  the  pen  of  William  L.  Bowman, 
C.E.,  LL.B.,  should  be  carefully  studied. 


License  to  Practice  {Registration) 

The  regulation  by  law  of  the  right  to  practice 
architecture  is  commonly  designated  by  the  term 
"Registration  of  Architects."  State  legislation  has 
been  enacted  In  nineteen  states,  viz,  Illinois,  Cali- 
fornia, New  Jersey,  Colorado,  Louisiana,  Utah, 
North  Carolina,  New  York,  Michigan,  Florida, 
North  Dakota,  Idaho,  Wisconsin,  South  Carolina, 
Pennsylvania,  Oregon,  Georgia,  Montana,  Wash- 
ington. The  primary  purpose  of  registration  laws  is 
to  eliminate  pretense  and  incompetence  by  making 
the  term  "Architect"  a  legal  title.  The  basis  upon 
which  the  constitutionality  of  such  legislation  is 
defended  is  the  exercise  of  police  power  for  the  pro- 
tection of  the  public  against  unsafe  construction. 
A  broader  view  of  the  highest  good  to  both  the  public 
and  the  profession  of  architecture  leads  to  the  con- 
clusion that  actual  physical  safety  in  only  one  phase 
of  needed  protection.  Hence  it  is  that  registration 
laws  should  be  expected  not  only  to  eliminate  the  in- 
competent bui  also  to  encourage  a  higher  standard  for 


the  competent.  In  other  words,  registration  laws 
should  be  regarded  as  educational  measures.  The 
Institute,  recognizing  registration  as  a  powerful 
influence  in  raising  educational  standards,  is  taking  a 
keen  interest  in  the  matter,  and  the  Board  of  Direc- 
tors, through  a  Special  Committee,  stands  ready  to 
advise  when  such  legislation  is  contemplated  in  any 
State.  The  Committee  has  prepared  a  model  form 
of  Law  for  the  Registration  of  Architects,  which 
appears  as  Appendix  V  of  this  Handbook. 

The  fifty-second  Annual  Convention  of  the  Amer- 
ican Institute  of  Architects  recommended  that  each 
Chapter  shall  take  an  active  interest  in  the  regulation 
by  State  legislation  of  the  practice  of  architecture. 
The  Chapters  are  urged  to  act  with  a  view  of  securing 
the  enactment  of  legislation  or  the  revision  of  laws 
already  enacted,  in  order: 

First,  to  place  the  profession  upon  the  best  possible 
plane  of  educational,  and  technical  qualifications,  and 

Secondly,  to  obtain  a  desirable  uniformity  in 
State  registration  laws. 


So 


rilK  ARCHITECT  AND    IIIK   LAW 


It  is  manifestly  important,  since  rcf^istiation  laws 
are  from  time  to  time  enacted,  that  the  ultimate  good 
shall  he  served  hy  aiminR  toward  some  uniformity  of 
standard  of  education  which  will  avoid  conflict  and 
tend  toward  reciprocal  relations  among  the  various 
States. 

The  principle  of  non-retroactive  legislation  forbids 
taking  away  the  right  of  any  one  to  call  himself  an 
Architect  who  enjoyed  such  right  previous  to  the 
passage  of  an  act  admitting  to  the  practice  of  archi- 
tecture. A  "license"  law  presumably  requires  all — 
both  old  and  new — practitioners  to  take  out  cer- 
tificates. A  "registration"  act  (the  preferable  term) 
may  leave  undisturbed  even  incompetent  practi- 
tioners and  grant  certificates  to  those  only  who 
attain  to  its  standard  of  qualifications,  whether  they 
be  past  or  prospective  practitioners.  1  he  former 
seems  more  like  an  ordinary  license  tax.  Ultimately, 
however,  in  a  State  having  such  a  law  every  Archi- 
tect must  have  a  certificate;  hence  the  real  diflFerencc 
between  "licensed"  and  "registered"  is  one  of  taste  in 
terms. 

The  attempt  to  do  work  without  compliance  with 
license  or  registration  laws  may  make  it  impossible 
for  the  Architect  to  recover  compensation  for  his 
services  and  may  also  prove  to  be  an  offence,  the 
punishment  for  which  may  be  described  either  in  the 
statute  or  in  the  criminal  code. 

Many  cities,  towns,  etc.,  require  an  Architect  to 
take  out  a  license  or  pay  a  tax,  failure  entailing  a 
fine. 

For  a  more  detailed  discussion  of  the  subject,  see 
W.  L.  Bowman  in  the  Brickhuilder,  July,  191 1. 

Agreement  as  to  Services. 

When  the  Architect  is  a  litigant  his  trouble  gener- 
ally arises  from  a  defective  agreement  with  the  Owner 
or  from  the  absence  of  any  agreement.  Such  cases 
represent  in  the  main  so  foolish  a  neglect  of  funda- 
mental business  principles  that  it  is  hard  to  sym- 
pathize with  either  party.  They  show  a  reliance 
upon  custom,  upon  verbal  contracts,  upon  vague 
memoranda,  upon  tenders  to  make  drawings  on 
approval  or  to  receive  payments  based  on  some  con- 
tingency beyond  the  Architect's  control. 

There  is  a  very  certain  way  to  avoid  troubles  of 
this  kind;  the  use  of  a  written  agreement  carefully 
prepared  in  such  form  as  to  foresee  and  avoid  com- 
plications such  as  have  heretofore  been  sources  of 
litigation.  For  such  forms  see  Appendices  E  and  F. 
See,  also  Chapters  4  and  30;  and  for  a  discussion  of 
the  difficulties  encountered  by  Architects  in  seeking 
to  collect  their  fees  under  unwritten  or  otherwise 
defective  agreements,  see  Clark  or  Bowman. 


Inability  to  the  Owner. 

The  Architect  must  display,  what  in  the  light  of 
present  knowledge  is  to  be  considered  as  reasonable 
skill,  ability  and  honest  judgment  in  designing  and 
superintending  the  work  and  in  advising  the  Owner 
in  regard  to  anything  connected  with  it.  He  must 
also  be  responsible  for  any  incompetency  on  the  part 
of  his  assistants. 

Denial  that  the  Architect  has  properly  performed 
his  duties  is  the  usual  defense  against  a  suit  brought 
by  him  to  recover  his  fees.  Bowman  finds  that  the 
Architect  was  unable  to  recover  under  the  following 
circumstances. 

{a)  Wliert  the  lowest  proposals  or  the  actual  cost  substantially 
exceeded  the  appropriation  or  the  limit  of  authorized  cost. 

(i)  In  public  construction  work,  where  there  was  no  appropria- 
tion or  where  the  contracting  officials  had  no  power  to  contract; 
or  where  the  charter  requirements  were  not  fully  complied  with; 
or  where  the  appropriation  was  void  because  of  failure  to  comply 
with  such  requirements,  etc.;  or  where  the  Architect  was  not 
qualified  or  was  disqualified  to  accept  such  public  contract. 

(c)  Where  the  plans  and  specifications  were  not  delivered 
within  a  specified  time  or  were  not  complete  according  to  contract 
or  custom. 

(d)  Where  the  plans  and  specifications  or  the  buildings  con- 
structed therefrom  did  not  fulfil  the  purpose  for  which  they  were 
designed  or  were  defective  in  other  than  minor  details. 

(c)  Where  there  was  wilful  omission  or  departure  by  the  Archi- 
tect from  the  terms  of  his  employment  or  from  the  directions  and 
instructions  of  the  Owner,  or  from  the  approved  plans  and  specifi- 
cations. 

(J)  Where  the  plans  and  specifications  or  either  were  prepared 
in  violation  of  the  law,  either  State  statutes,  or  city  ordinances, 
or  building  codes,  etc. 

(g)  Where  the  supervision  was  neglected,  the  defects  being  such 
as  were  discoverable  by  the  exercise  of  reasonable  care  and  skill 
on  the  Architect's  part. 

In  the  cases  from  which  the  above  statements 
arose  the  penalty  imposed  was  that  of  withholding 
the  Architect's  fee  or  some  part  of  it.  There  are, 
however,  many  cases  on  record  in  which  damages 
exceeding  the  unpaid  balance  of  the  fee  have  been 
awarded  to  the  Owner.  Such  cases  are  reported  in 
Clark  and  referred  to  by  Bowman.  They  also 
generally  arise  from  the  causes  named  in  the  above 
list. 

Liability  to  the  Contractor. 

Bowman  says: 

"An  architect's  duty  to  a  contractor  consists  chiefly  in  giving 
honest  and  fair  estimates  of  work  done  or  certificates  for  payment 
at  the  proper  time;  reasonable,  honest,  and  timely  decisions  on  all 
matters  within  his  scope,  either  as  agent  of  the  Owner  or  as  an 
arbitrator;  and  written  orders  for  alterations,  additions,  extras, 
or  omissions,  only  when  he  is  authorized  by  the  Owner  to  give 
such  orders.  .\  failure  on  the  part  of  an  architect  to  perform  these 
duties,  except  perhaps  his  failure  as  an  arbitrator,  creates  a  lia- 
bility to  the  Contractor." 


THE   HANDBOOK  OF  PROFESSIONAL  PRACTICE 


"  For  a  general  statement  it  may  be  said  that  for  a  nonfeasance, 
which  is  the  neglect  of  an  architect  to  do  some  act  which  he  was 
bound  to  do  under  his  employment,  the  Architect  is  not  responsible 
to  others  than  his  employer.  When,  however,  the  Architect  does 
a  lawful  act  or  his  duty  in  an  unlawful  or  improper  manner,  he  is 
always  responsible  to  the  employer  and  often  to  the  injured  party." 

Liability  to  Others  than  the  Owner  and  the  Contractor. 

Cases  are  on  record  in  which  damages  for  physical 
injun,-  or  death  arising  from  work  planned  or  super- 
vised by  an  Architect  have  been  awarded  against 

him. 

As  an  Architect's  liability  is  not  ordinarily  covered 
by  the  Contractor's  or  Owner's  liability  insurance, 
the  Architect  may  properly  carry  contingent  liability 
insurance  of  his  own. 

Reasonable  Skill  and  Care. 

In  many  of  the  cases  in  the  above  list  the  Architect 
had  failed  to  show  reasonable  skill  and  care  in  the 
preparation  of  plans  and  specifications  or  in  the 
supervision  of  the  work. 

A  word  as  to  what  the  law  regards  as  reasonable 
skill  and  care,  especially  in  supervision,  may  be  in 
order. 

T.M.Clark  says  that: 

"Architects  are  not  bound  to  the  utmost  skill,  such  as  only  a 
few  members  of  any  profession  attain,  but  they  must  show  what 
other  architects  will  generally  consider  to  be  a  reasonable  degree 
of  professional  intelligence  and  knowledge.  The  care  and  atten- 
tion apart  from  the  skill  which  they  should  devote  to  thfir  em- 
ployer's affairs  ought  to  be  greater  thaji  that  which  they  would 
bestow  upon  their  own  affairs  of  similar  character." 

To  the  different  meanings  which  may  attach  to  the 
idea  "reasonable  skill  and  care"  a  long  series  of 
decisions  bears  testimony.  They  vary  from  the  many 
given  in  rural  communities  and  by  the  lower  courts  to 
the  effect,  in  substance,  that  the  Architect  is  not  only 
the  guarantor  of  the  perfection  of  his  own  work  but 
of  that  of  the  builder,  to  that  in  a  New  York  case, 
Hubert  vs.  Aitken,  15  Daly  237,  242,  (1889),  in  which 
the  Court  said : 

"An  architect  is  no  more  a  mere  overseer,  or  foreman,  or 
watchman,  than  he  is  a  guarantor  of  a  flawless  building;  and  the 
only  question  that  can  arise  in  a  case  where  general  performance 
of  duty  is  shown,  is  whether,  considering  all  the  circumstances 
and  peculiar  facts  involved,  he  has  or  has  not  been  guilty  of 
negligence.    This  is  a  question  of  fact  and  not  of  law." 

"The  defect  in  the  plans  which  led  to  the  construction  of  too 
small  a  chimney  was  something  for  which  the  plaintiffs"  (;.  e., 
the  .Architects),  "and  no  one  else,  could  be  held  responsible." 

The  decision  was  affirmed  by  the  Court  of  Appeals 
without  opinion,  123  N.  Y.  655. 

It  goes  without  saying,  however,  that  the  Archi- 
tect, since  he  is  chosen  with  a  view;  to  his  special 
qualifications  for  the  work  in  hand,  and  since  he  per- 
porms  a  personal  professional  service  will  feel  bound 


to  display  a  degree  of  skill  and  care  above  the  level 
which  appears  to  content  the  law. 

Liability  to  kiiozv  the  Law. 

The  Architect  is,  as  a  rule,  prone  to  imagine  that 
something  excuses  him  from  a  competent  knowledge 
of  building  laws,  ordinances,  etc.  He  thinks,  perhaps 
that  a  building  permit  is  evidence  that  his  plans 
comply  with  the  law  in  all  its  phases.  If,  however, 
the  Architect's  failure  to  know  the  law  causes  the 
Owner  damage,  the  Owner  stands  a  fair  chance  of 
getting  reparation  in  Court,  since  the  courts  take  the 
position  that  the  Architect  must  so  design  and 
specify  his  work  that  it  shall  conform  not  merely 
to  statute  law,  the  major  codes,  etc.,  but  to  all  the 
laws,  rules,  regulations,  etc.,  applicable  at  the  place 
of  building. 

Mechanics'  Lien  Laws. 

The  following  general  statements  are  to  be  found 
in  Bouvier's  Law  Dictionary: 

"A  lien  is  a  hold  or  claim  which  one  person  has  upon  the 
property  of  another  as  a  security  for  some  debt  or  charge. 

"The  lien  of  mechanics  or  material  men  on  buildings  and 
for  work  done  or  materials  furnished  exists  by  statute  to  a  greater 
or  less  extent  in  all  the  United  States.  Each  State  has  its  own 
mechanics'  lien  law,  differing  often  in  minor  particulars  but  alike 
in  the  general  provisions. 

"  In  most  of  the  States  this  lien  is  equal  to  that  of  a  judgment 
or  mortgage  and  can  be  assigned  or  enforced  in  a  similar  manner. 
The  lien  affects  only  real  estate  and  attaches  to  the  materials 
only  when  they  become  real  estate  by  being  erected  into  a  building 
and  attached  to  the  land. 

"The  benefits  of  the  statute  apply  only  to  the  class  of  persons 
named  therein.  The  contractor  seems  to  be  universally  secured 
by  the  lien  and  in  most  of  the  States  the  subcontractor  and  material 
man  are  also  protected  by  a  lien.  In  some  States  these  provisions 
extend  to  workmen  but  in  most  they  do  not. 

"A  contract  by  which  a  contractor  agrees  that  he  will  not 
suffer  or  permit  to  be  filed  any  mechanic's  lien  or  liens  against  a 
building  waives  the  right  to  file  a  lien  in  his  own  favor. 

"A  lien  cannot  be  acquired  against  certain  classes  of  property 
which  are  exempted  on  the  ground  of  public  policy,  e.  g.,  schools 
and  other  public  buildings." 

In  certain  States  one  who  plans,  supervises,  or 
superintends  the  construction  of  a  building  has  the 
right  to  file  a  mechanic's  lien. 

If  the  right  to  file  a  lien  were  confined  to  those 
having  a  direct  contract  w  ith  the  Owner,  he  and  his 
Architect  might  have  little  concern  about  the  matter, 
but  the  operation  of  the  law  is,  in  many  cases,  such 
that  should  the  Contractor  fail  to  pay  any  subcon- 
tractor, such  subcontractor  would  have  the  right  to 
file  a  lien. 

The  definition  of  a  subcontractor  is,  as  a  rule,  fo 
broad  as  to  include  all  those  who  by  contract  or 
agreement  with  the  Contractor,  or  with  one  acting 


82 


THE  AF^CfiriECT  AND  THE  LAW 


for  lum,  have  fiirnislied  lal)()r  or  mattiial  ami,  In 
some  cases,  all  those  who  have  done  work  upon  the 
hiiilding  or  have  merely  hauled  material.  Even 
though  the  Owner  may  have  fully  discharged  his 
debt  to  the  Contractor,  he  may,  on  account  of  the 
Contractor's  failure  to  pay  his  subcontractors,  be 
forced  a  second  time  to  pay  for  parts  or  even  the 
whole  of  his  work.  It  is  against  condition*^  such  as 
these  that  the  Architect  should  endeavor  to  defend 
the  Owner. 

'Ihe  laws  of  the  several  States  are  so  diverse  in  the 
matter  of  liens  that  no  attempt  to  state  their  pecul- 
iarities will  be  made  here.  The  Architect,  unless 
perfectly  sure  of  the  law  of  the  place  of  building, 
should  confer  with  the  Owner's  counsel  and  receive 
instructions  from  him  as  to  the  exact  language  to  be 
used  in  the  General  Conditions,  which  language  will 
not  always  be  that  of  Article  29. 

Proper  attention  should  be  given  by  the  Architect 
in  conference  with  the  Owner's  counsel  to  an  eflFective 
waiver  of  liens.  Such  a  process  in  a  number  of 
States  affords  excellent  protection,  as,  for  example, 
in  Pennsylvania  where  the  Owner,  by  pursuing  a 
course  clearly  defined  by  statute,  may  secure  im- 
munity. 

When  provision  is  made,  as  in  Article  29,  of  the 
General  Conditions  of  the  Contract,  for  the  delivery 


of  a  release  of  liens  or  other  parallel  cour.se,  the 
Architect  should,  for  the  protection  of  the  Owner's 
interest,  sec  to  it  that  such  a  release  be  furnished  or 
such  other  course  as  is  named  in  that  Article  be 
followed.  Since  it  is  almost  invariably  the  case  that 
the  Architect  has  no  means  of  telling  whether  the 
release  is  or  is  not  complete,  he  should  insist  on  being 
furnished  with  the  affidavit  called  for  in  Article  29, 
otherwise  he  may  be  held  as  having  acquiesced  in  the 
idea  that  the  release  is  complete. 

The  Architect  as  a  Witness. 

The  subject  of  the  Architect  as  witness  and  as 
expert  witness  is  perhaps  not  closely  enough  related 
to  the  title  of  this  handbook  to  call  for  more  than 
mere  mention  herein.  It  has  been  fully  treated  by 
Bowman  in  the  Brickbuilder  for  December,  1913. 

Conclusion. 

The  Architect  who  pursues  his  work  with  tact, 
diligence,  busmess  sense,  and  proper  skill,  need  have 
little  fear  of  legal  entanglement.  He  should,  how- 
ever, at  the  first  suggestion  of  trouble,  avail  himself 
of  legal  advice,  not  assuming  any  competency  to 
carry  on,  unaided,  any  matter  that  threatens  to 
result  in  litigation. 


Chapter  Forty-one 

Architects'  Partnership  Agreements 


Architects  have  suffered  much  from  badly  drawn 
partnership  agreements.  Ordinarily,  while  the 
partners  continue  in  practice  together,  no  troubles 
are  encountered,  but  upon  a  separation,  especially 
upon  the  death  of  a  partner,  they  are  likely  to  arise. 
They  generally  take  the  form  of  heavy  demands  from 
the  estate  of  the  deceased  partner  for  good-will,  or 
for  the  right  to  continue  the  use  of  the  firm  name, 
or  for  other  matters  equally  difficult  of  exact  valua- 
tion, demands  which  neither  partner  anticipated. 

Sundry  methods  of  avoiding  these  difficulties  are 
in  use,  as: 

(a)  To  agree  that,  in  lieu  of  good-will  or  all  claim.'' 
of  a  similar  nature,  a  certain  percentage  of  the  net 
profits  or  of  the  gross  receipts  from  work  in  the  office 
at  the  time  of  dissolution  shall  be  paid  to  the  retiring 
partner  or  to  the  estate  of  a  deceased  partner. 

(b)  To  agree  that  any  partner  dying  or  withdraw- 
ing from  the  firm  bequeaths  or  gives  to  the  firm  all 
the  good-will  or  similar  claims  to  which  he  might 


otherwise  have  been  entitled;  but  this  is  a  less  satis- 
factory method,  since  the  valuation  of  the  interest 
for  the  collection  of  inheritance  taxes  may  raise 
difficult  questions. 

(f)  To  carry  partnership  insurance  at  the  expense 
of  the  firm,  which  will  cover  the  interests  of  the  sur- 
viving partner  as  well  as  the  estate  of  a  deceased 
partner. 

Architects  about  to  enter  into  partnership  should 
consult  the  article  on  "Partnership  Agreements  for 
Architects"  by  William  L.  Bowman,  C.  E.,  LL.  B.,  in 
tht  Brickbuilder  ior  ]\x\y,  igio.  In  it  will  be  found 
a  specimen  form  of  articles  of  partnership,  to- 
gether with  a  discussion  of  many  phases  of  the  sub- 
ject. 

The  following  form  differs  from  Mr.  Bowman's  in 
many  ways.  It  is  simpler  and  shorter.  Like  his,  it 
may  be  used  as  a  basis  on  which  Architects  may  build 
under  competent  legal  advice,  such  an  agreement  as 
mav  suit  their  needs: 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


These  Articles  of  Partnership  entered  into  this  fifteenth 
day  of  December,  19 — ,  by  and  between  John  Doe  and  Richard 
Roe,  both  of  San  Gallo,  Texas. 

Witness  that  the  said  Doe  and  the  said  Roe  for  the  considera- 
tions hereinafter  named  agree,  as  follows: 

Article  I.  To  practice  architecture  under  the  firm  name  of 
Doe  &  Roe,  commencing  on  the  first  day  of  January,  19 — ,  and 
continuing  until  dissolution  in  accordance  with  Article  9  (a) 
hereof. 

Article  2.  To  provide  from  time  to  time  in  equal  amounts  any 
capital  needed.  Such  capital  and  all  undrawn  profits  to  receive 
interest  at  the  rate  of  five  per  cent  (5%). 

Article  3.  To  loan  to  the  firm  for  its  use,  without  hire,  the  fur- 
niture, books,  pictures,  et"c.,  enumerated  in  the  two  schedules 
attached  hereto. 

Article  4.  Not  to  take  part  in  any  other  business  or  profession 
but  to  devote  themselves  and  their  best  skill  and  efforts  entirely 
to  the  success  of  Doe  Sc  Roe. 

Article  5.  Each  partner  shall  have  the  right  to  sign  the  firm 
name  to  checks  upon  the  firm's  bank  account. 

Article  6.  Neither  partner  acting  for  himself  or  in  any  capacity 
shall  sign  or  endorse  any  promissory  note,  give  bail,  nor  become 
guarantee  or  surety  except  with  the  written  consent  of  the  other 
member,  nor  shall  either  acting  for  the  firm  do  as  above  without 
written  consent  of  the  other. 

Article  7.  Proper  books  of  account  shall  be  kept  in  a  manner 
satisfactory  to  both  partners.  The  fiscal  year  shall  coincide  with 
the  calendar  year;  the  profits  and  losses  of  the  firm  shall  be  calcu- 
lated as  of  such  periods,  and  they  shall  be  equally  divided. 

Article  8.  Each   partner   shall   be   paid   $ monthly  on 

account  of  anticipated  profits,  but  with  this  exception  no  profits 
shall  be  withdrawn  prior  to  their  annual  crediting,  unless  a  divi- 
sion of  profits  at  shorter  intervals  has  been  agreed  to  by  mutual 
consent;  nor  shall  any  money  be  withdrawn  on  account  of  profits 
before  such  money  has  actually  been  received;  nor,  except  by 
mutual  consent,  shall  one  partner  draw  against  profits  unless  the 
other  draws  an  equal  amount. 

Article  9.  (a)  Dissolution  of  the  firm  shall  take  place  by  written 
agreement  at  any  time;  or,  if  not,  then  three  months  after  the 
giving,  by  one  member  of  the  firm  to  the  other,  of  written  notice 
of  intention  to  retire  therefrom. 

(b)  During  the  above  three  months  the  business  shall  be  carried 
on  by  both  partners,  the  profit  or  loss  to  the  end  of  that  period 
being  divided  equally.  In  the  event  of  the  death  of  one  partner, 
the  business  shall  be  carried  on  for  a  period  of  three  months  by 
the  survivor,  the  profit  or  loss  to  the  end  of  that  period  being 
divided  equally. 

(c)  If  both  partners  elect  to  retire  from  practice  at  the  time  of 
dissolution,  then  the  assets  and  liabilities  of  the  firm  shall  be 
divided  equally. 

(d)  If  the  dissolution  be  by  death  and  if  the  surviving  partner 
elect  to  continue  in  practice,  whether  alone  or  in  partnership 
with  one  or  more  persons  not  members  of  the  firm  of  Doe  &  Roe, 
he  shall  have  the  right  to  continue  the  use  of  the  name  Doe  & 
Roe  by  compensating  the  estate  of  the  deceased  partner  as  in  the 
proviso  of  clause  (<■).  If,  however,  dissolution  be  by  notice, 
neither  partner  shall  have  the  right  to  use  the  name  of  Doe  &  Roe 
without  the  written  consent  of  the  other,  unless  one  is  retiring 
from  practice  and  the  other  continuing  to  practice,  in  which  event 
the  one  continuing  shall  have  the  right  to  use  the  name  subject 
to  the  proviso  of  clause  (f). 

(e)  If  the  remaining  or  surviving  partner  elect  to  continue 
practice,  whether  alone  or  in  partnership  with  one  or  more  persons 
not  members  of  the  firm  of  Doe  &  Roe,  then  the  practice  of  Doe  & 
Roe  and   its  good-will,  including  all   its  existing  contracts  and 


everything  relating  thereto  shall,  without  compensation  to  the 
retiring  partner  or  to  the  estate  of  the  deceased  partner,  become 
the  property  of  the  remaining  or  surviving  partner;  provided, 
however,  that  such  partner  shall  pay  the  retiring  partner  or  the 
estate  of  the  deceased  partner  one-fifteenth  (1-15)  part  of  the  gross 
commissions  falling  due  to  himself  or  to  any  successor  firm,  d  uring 
a  period  of  three  years  from  the  date  of  dissolution,  upon  any 
work  which  the  firm  of  Doe  &  Roe  is  doing  or  has  been  commis- 
sioned to  do  at  the  date  of  dissolution,  which  fifteenth  part  shall 
be  for  and  in  lieu  of  good-will  or  any  other  similar  claim  or  claims, 
and  in  such  case  any  partner  hereby  consents,  for  himself  should 
he  be  retiring  from  practice  or  on  behalf  of  his  estate  should  he 
be  then  deceased,  to  the  continued  use  of  the  name  Doe  &  Roe 
as  set  forth  in  clause  {d}  hereof. 

Said  commissions  as  actually  received  shall  be  accounted  for 
and  paid  over  quarterly;  and  in  the  event  of  any  default  for 
more  than  thirty  days  in  accounting  for  and  paying  over  the 
same,  the  right  to  the  use  in  any  form  of  the  firm  name  of  Doe  & 
Roe  shall  cease  until  all  such  payments  due,  with  interest  thereon, 
have  been  made. 

(/)  In  case  of  a  dissolution,  the  books  of  the  firm  shall  be  used 
only  until  liquidation  in  full  has  been  completed  and  in  no  way 
in  connection  with  the  business  of  any  person  or  firm  succeeding. 
Full  access  to  all  the  books  and  full  knowledge  of  all  business 
transactions  during  the  prescribed  three  months  and  during 
liquidation  shall  be  accorded  to  the  retiring  member  and  to  the 
estate  of  a  deceased  partner.  Assets  collected  in  liquidation 
shall  be  distributed  as  soon  and  as  frequently  as  may  be  prac- 
ticable. 

(g)  The  furniture,  etc.,  of  a  retiring  or  deceased  partner,  as 
shown  in  the  attached  schedule,  shall  at  the  time  of  dissolution 
be  returned  to  him  or  his  estate,  but  no  allowance  for  deterioration 
or  loss  prior  to  the  date  of  dissolution  shall  be  made. 

(/i)  In  case  of  dissolution,  all  the  furniture,  fixtures,  improve- 
ments, pictures,  books,  drafting  supplies,  etc.,  not  included  in 
the  two  schedules  attached,  whether  carried  upon  the  books  or 
not  (but  not  drawings  of  any  kind,  sketches,  specifications,  or 
correspondence),  shall  be  valued  by  a  competent  disinterested 
person  or  corporation,  proper  disposition  being  made  of  any 
"furniture"  or  similar  account  on  the  books.  All  objects  covered 
by  such  valuation  shall  become  and  be  the  property  of  the  remain- 
ing member  of  the  firm  upon  payment  to  the  retiring  partner, 
or  to  the  estate  of  a  deceased  partner,  of  half  of  the  amount  of 
the  aforesaid  valuation.  If  the  remaining  partner  shall  not  avail 
himself  of  such  option,  then  the  objects  covered  by  such  valuation 
shall  be  sold  at  public  auction  and  the  proceeds  equally  divided. 

(i)  Except  such  furniture,  etc.,  as  is  covered  by  the  two  sched- 
ules and  the  valuation,  all  contents  of  the  firm's  office,  except 
cash,  but  including  drawings  of  all  kinds,  sketches,  specifications, 
and  correspondence  shall  become  and  be  the  property  of  the 
remaining  member  of  the  firm,  and  in  respect  thereof,  a  retiring 
partner,  but  not  the  estate  of  a  deceased  jiartner,  shall  be  entitled 
to  one  copy  of  any  sketch,  drawing  or  specification  of  which  an 
original  and  one  or  more  copies  exist,  but  if  no  copy  exists,  the 
retiring  partner  shall  be  at  liberty  to  have  one  made. 

Article  10.  Arbitration.  (Clause  similar  to  the  final  article  of 
Appendix  F  of  this  handbook.) 

The  parties  hereto,  for  themselves,  their  successors,  executors, 
or  administrators  hereby  agree  to  the  full  performance  of  the  cove- 
nants herein  contained. 

In  Witness  Whereof  they  have  executed  these  .Articles  of 
Partnership  the  day  and  year  first  above  written. 

In  connection  with  this  subject,  it  may  be  well  to 
point  out  that  since  the  relations  of  sundry  Archi- 


84 


DOCUMENTS  OF  THE  AMERICAN  INSTITUTE  OK  ARCHITECTS 


tects  working  together  are  liable  to  misinterpretation, 
it  is  wise  to  make  known  to  clients  and  others  the 
names  of  persons  who  are  memhers  of  the  firm,  as 
distinguished  from  those  associates  who  are  not. 
The  most  effective  way  of  doing  this,  in  regard  to  any 
particular  piece  of  work,  is  to  state  in  the  agreement 
with  the  Owner  the  name  of  each  meml)er  of  the  firm, 
followed  by  the  firm  name  itself. 

On  the  office  door  and  on  letterheads  a  very  evident 
distinction  should  be  made  between  names  of  the 
members  of  the  firm  and  those  who  are  associated 
with  the  firm  in  whatever  capacity. 

In  case  one  who  is  not  a  member  of  the  firm  re- 
ceives some  percentage  of  the  profits,  the  advice  of 
competent  counsel  should  be  sought  as  to  the  agree- 
ment or  letter  of  employment.  In  some  States,  in 
order  to  avoid  making  such  employee  a  member  of 
the  firm,  it  should  be  agreed  that  the  percentage  of 


profit  paid  him  is  received  in  lieu  of,  or  as  part  of  his 
salary,  but  all  such  agreements  should  be  drawn  with 
a  full  knowledge  of  the  law  of  the  State  wherein  the 
Architect's  office  is  situated. 

Such  precautions  are  desirable  lest  such  employees, 
consciously  or  unconsciously,  give  out  an  impression 
that  they  are  members  of  the  firm  or  drift  into  what 
comes  to  be  acknowledged  as  such  a  position.  There 
is  a  double  danger  therein,  in  that  upon  the  death  of 
such  a  person  his  heirs  may  make  claims  upon  the 
firm  which  it  may  find  difficult  to  disprove,  or,  on  the 
other  hand,  in  that  those  who  have  been  led  to  believe 
that  the  employee  is  a  member  of  the  firm  may,  in 
case  of  its  failure,  attempt  to  hold  the  employee  liable 
for  its  debts.  Similarly,  attempts  might  be  made  to 
hold  the  firm  liable  for  representations  made,  or 
contracts  entered  into,  by  the  employee  in  its 
name. 


Part  VII 

« 

DOCUMENTS  OF  THE  AMERICAN  INSTITUTE  OF 

ARCHITECTS 

Relative  to  Professional  Practice  and  Business  Administration 


The  documents  issued  by  the  Institute  concern 
themselves  not  merely  with  the  ethics  of  the  pro- 
fession, with  architectural  competitions  and  with 
proper  minimum  charges,  but  with  the  relations 
of  owners,  architects,  contractors,  subcontractors 
and  sureties.  The  formulation  of  these  latter  docu- 
ments arose  from  the  idea  that  it  might  be  possible, 
by  a  comparison  of  such  as  were  in  general  use  and 
through  the  criticism  of  each  of  the  classes  concerned, 
to  produce  a  series  of  forms  reflecting  the  best  prac- 
tice, equitable  as  between  the  parties,  and  in  general 
clearer  in  statement  and  more  adequate  than  any 
previously  in  use  by  individuals.  It  is  hoped  that 
the  many  years  of  labor  put  upon  these  documents 
by  the  Institute  has  resulted  in  the  attainment  of 
those  ends. 

The  American  Institute  of  Architects 

The  American  Institute  of  Architects  is  the  only 
society  nationally  representative  of  the  profession  of 
architecture  in  the  United  States.  Each  member  of 
the  Institute  is  also  a  member  of  one  of  its  forty  con- 


stituent branches  distributed  throughout  the  country, 
and  known  as  Chapters.  The  objects  of  the  Insti- 
tute, as  set  forth  in  the  Constitution  are  "to  organize 
and  unite  in  fellowship  the  Architects  of  the  United 
States,  to  combine  their  efforts  so  as  to  promote  the 
esthetic,  scientific,  and  practical  efficiency  of  the 
profession,  and  to  make  the  profession  of  ever  in- 
creasing service  to  society."  Its  strength  in  pushing 
forward  to  those  ideals  lies  in  the  united  purpose  of 
Its  widely  distributed  membership. 

The  Institute  keeps  steadily  in  mind  higher  pur- 
poses than  the  mere  protection  of  the  professional 
interests  of  its  members.  In  its  "Circular  of  Advice 
relative  to  the  principles  of  Professional  Practice" 
(Appendix  B),  it  insists,  as  a  prerequisite  of  pro- 
fessional standing,  upon  the  observance  of  good  faith 
and  honor  between  the  Architect  and  his  client,  and 
between  him  and  his  fellow  Architects.  From  its 
sometimes  painful  experience,  the  Institute  en- 
deavors to  formulate  methods  of  procedure,  such  as 
those  of  the  circular  entitled  "Architectural  Com- 
petitions" (Appendix  C),  calculated  to  secure  for  the 


8; 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


Owner  the  results  for  w  hich  he  strives,  and  to  estab- 
lish conditions  of  service  of  unquestioned  fairness. 

In  the  schedule  of  proper  minimum  charges  (Ap- 
pendix D)  and  in  the  two  forms  of  agreement  (Appen- 
dices E  and  F)  a  scrupulously  equitable  relationship 
is  built  up  between  the  Owner  and  his  Architect. 
In  fact,  the  Institute  maintains  the  high  ground  that 
an  Architect's  best  service  can  never  be  at  variance 
with  the  Owner's  best  interest.  Its  constant  effort  is 
to  raise  the  standards  of  education,  ability  and 
ethical  practice. 

The  Institute  would  make  it  clear  to  all  its  mem- 
bers that  it  is  as  a  duty  to  their  art  and  to  their  pro- 
fession rather  than  to  any  selfish  interest  that  the 
Architect  owes  his  untiring  support  to  the  effort  •  of 
the  Institute  to  favor  the  corollary  of  the  axiom  that 
"the  laborer  is  worthy  of  his  hire,"  which  is  that  "the 
character  of  the  service  must  be  worthy  of  the 
fee." 

In  their  attempts  to  govern  by  statute  the  relations 
of  client  and  Architect,  many  of  the  States  have 
enacted  licensing  or  registration  laws,  admirable  in  so 
far  as  they  tend  to  eliminate  the  incompetent  and  to 
set  up  worthy  standards  as  prerequisite  to  the  use  of 
the  word  "Architect"  as  a  legal  title,  but  often 
narrow  in  their  scope  and  defective  in  detail.  To 
improve  and  coordinate  these  laws,  so  that  variations 
of  practice  in  interstate  work  may  not  embarrass 
either  client  or  Architect,  and  to  insure  justice  in  the 
interchange  of  registrations,  is  a  present  active  effort 
of  the  Institute.    (See  Chapter  40,  also  Appendix  V.) 

The  guidance  of  public  taste  in  Federal  buildings, 
a  delicate  office  under  our  form  of  Government,  is 
ever  a  matter  of  concern  to  the  Institute,  even  though 
the  measure  of  achievement  be  recorded  in  the  main 
by  the  list  of  mistakes  averted.  The  time  must 
surely  come  when  the  Institute's  efforts  to  that  end 


will  be  rewarded  by  the  establishment  of  a  sound 
public  opinion. 

The  Institute  encourages  the  craftsman,  as  well  as 
the  student  in  the  architectural  schools  of  this  coun- 
try, and  in  the  American  Academy  in  Rome,  by  the 
award  of  medals.  These,  in  their  fields,  are  as  im- 
portant as  IS,  to  Architects,  the  award  of  the 
Institute's  gold  medal  for  distinguished  achievement. 

While  leadership  in  city  planning  and  housing  is 
distinctively  one  that  belongs  to  the  profession,  there 
are  cognate  fields  of  altruistic  service  for  which  no 
single  organization  seems  obviously  responsible. 
These  labors  for  the  public  weal  have  been  aided  by 
the  Institute  under  the  direction  of  such  committees 
as  Public  Works,  Fire  Prevention,  Preservation  of 
Historic  Monuments  and  Scenic  Beauties. 

Its  Journal  is  a  potent  factor  in  the  success  of  the 
Institute's  activities,  from  the  moulding  of  public 
opinion  in  favor  of  a  logical  national  policy  in  Gov- 
ernment architecture  to  the  more  technical  work  of 
codifying  industrial  materials  and  methods  and  of 
standardizing  measurements  and  nomenclature. 

In  its  Standard  Contract  Documents  (Appendices 
J  to  P) — each  later  edition  keeping  pace  with  ad- 
vancing thought  and  practice — the  Institute  presents 
the  experience  oPmany  years  and  the  labors  of  many 
minds.  These  documents  are  doing  much  to  improve 
professional  ethics,  to  standardize  practice,  and  to 
make  equitable  the  triangular  relationship  of  Owner, 
Architect  and  Contractor. 

There  is  a  vast  field  for  future  service  for  the  Insti- 
tute. There  are  many  conditions  which  the  Archi- 
tect would  reform,  but  which  are  too  deeply  rooted 
to  yield  to  individual  effort,  and  so  it  remains  the 
work  of  the  representative  national  society  to  strive 
to  change  them  by  basing  its  action  on  the  ground  of 
the  common  interest  of  the  public  and  the  profession. 


86 


APPENDICES 


Part  VIII 


APPENDICES 


Appendix  A 


Agenda  for  Architects.     {Memoranda  of  Procedure  and  Progress) 


These  memoranda  state,  in  the  order  of  their  oc- 
currence, such  administrative  acts  as  the  Architect 
has  usually  to  perform,  and  they  provide  a  way  of 
recording  the  performance  of  them  by  means  of  dates 
placed  opposite  the  several  items.  They  therefore 
suggest  an  orderly  method  that  should  enable  the 
Architect  to  dispose  of  such  administrative  detail  with 
ease  and  certainty.  It  is  not  to  be  supposed  that  this 
method  will  commend  itself  to  all  Architects.  Most 
of  them  have  their  own  systems  from  which  they 
obtain  good  results;  but  it  is  hardly  likely  that  a 
study  of  the  method  will  be  without  influence  on 
existing  systems  or  that  its  adoption  will  prevent  the 
Architect  from  including  in  it  details  of  his  own. 

On  the  Use  of  the  Agenda  as  Part  of  a 
Journal  of  the  Work 

Every  architect,  whether  he  recognizes  it  or  not, 
keeps  something  equivalent  to  a  diary  of  each  piece 
of  work  that  is  passing  through  his  office.  Some- 
times this  record  is  scarcely  more  than  a  few  scattered 
notes;  generally  it  has  to  be  sought  in  the  files;  some- 
t  mes  it  is  kept  as  a  Minute  Book.  As  such,  it 
serves  as  a  record  of  items  that,  having  no  specific 
place  in  the  ordinary  filing  system,  are  either  mislaid 
or  never  committed  to  paper. 

If  the  Agenda,  which  for  that  purpose  are  pub- 
lished separately  from  this  Handbook,  be  placed  in  a 
loose-leaf  cover,  and  if  a  date  or  note  be  entered 
opposite  each  item,  such  a  record  will  form  a  valuable 
part  of  the  Minute  Book.  Especially  is  this  true  of 
the  ruled  sheets  facing  Sections  VI,  VII,  VIII,  and 
IX,  not  because  precise  dates  are  of  great  value,  but 
because  when  there  are  a  number  of  contracts 
to  be  let,  the  sundry  steps  in  preparation  for  letting, 
in  letting  and  subsequent  to  letting  them,  are  visually 
presented  by  such  a  diagram,  dates,  or  symbols  set 
at  their  appointed  places,  clearly  indicating  the  prog- 
ress made  with  regard  to  each  contract. 

If  to  the  Agenda  there  be  added,  from  time  to  time, 
leaves  bearing  any  items  not  covered  in  the  Mem- 


oranda or  by  the  files,  many  things  will  be  at  hand 
which  might  otherwise  be  found  with  difficulty.  For 
example,  unless  the  Architect  keep  it,  there  is  usually 
no  record  of  a  meeting  between  him  and  the  Owner. 
Even  in  the  case  of  a  building  committee,  the  minutes 
are  usually  scanty  and  untechnical.  It  is  therefore 
good  practice  for  the  Architect  to  keep  minutes  of  all 
such  meetings,  filing  one  copy  in  the  Minute  Book 
and  sending  another  to  the  Owner. 

When  the  work  is  let  under  one  or  a  few  contracts, 
the  documents  relating  to  it  may  be  included  in  the 
loose-leaf  cover  which  would  then  contain,  for 
example,  a  copy  of  the  Agreement  between  Con- 
tractor and  Owner,  a  copy  of  each  order  for  extra  or 
omission,  each  application,  each  certificate  of  pay- 
ment, etc.  Each  class  of  documents  will,  of  course, 
be  separated  from  the  others  by  suitable  index  sheets. 
Where  the  documents  are  many,  they  will  naturally 
be  kept  in  files. 

If  items  be  set  down  in  the  Memoranda  opposite 
the  line  representing  the  time  at  which  action  sliould 
be  taken,  the  memoranda  will  then  serve  as  a  docket 
or  list  of  matters  needing  future  attention. 

The  Memoranda  might  have  been  fewer  had  it 
been  possible  to  assume  that  all  Architects  had  but  a 
small  practice,  but  to  have  value  the\'  had  to  be 
written  on  a  larger  assumption.  The  course  in- 
dicated by  them  has,  however,  in  one  way  or  another 
to  be  followed  as  each  piece  of  work  takes  its  way 
through  the  Architect's  office. 

It  is  not  to  be  supposed  that  any  one  will  attempt 
to  follow  the  Agenda  from  end  to  end.  Many  of  them 
will  be  seen  at  a  glance  to  have  no  bearing  on  the  case 
in  hand,  but  if  once  in  a  while  the  next  step  is  made 
plain,  a  fortunate  wording  suggested,  a  sound  method 
established  or  a  mistake  averted,  their  use  will  have 
been  justified. 

In  using  the  Agenda,  tact  and  discretion  must  be 
presupposed,  for  without  those  qualities,  consciously 
or  subconsciously  present,  no  Architect  goes  far 
without  a  fall. 


S7 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 

MEMORANDA  OF  PROCEDURE 

Section  I 

Preliminary  Considerations  Record  of  Action  Taken 

Partnership. — See  Chapter  41 ,  "Partnership  Agree- 
ments." 

Tendering  Services. — See  Appendix  B. 
Cases  in  which  employment  should  not   be  ac- 
cepted.    See  Appendix  B. 

Employment. — In  discussing  the  terms  of  an  agree- 
ment, bear  in  mind  Chapter  3,  "Methods  under 
which  Architects  are  paid  for  their  Services,"  and 
remember  that  the  Schedule  of  Charges,  Appendix 
D.,  may  be  found  of  use. 

Expenditures. — Keep  an  account  of  any  expen- 
ditures.   See  Chapter  13,  "Cost  Accounting." 


Section  II 

Agreement  Between  the  Owner  and  the 
Architect 

Discussion. — For  a  general  discussion  of  this  sub- 
ject, see  Chapters  3  and  4. 

Form  of  Agreement. — Prepare  the  Agreement, 
using  one  or  the  other  of  the  Standard  Forms,  Ap- 
pendices E  and  F.  See  Chapter  4.  For  notes  on 
dates,  on  names  or  titles  of  the  contracting  parties, 
on  signatures,  on  witnesses  and  seals,  see  Chapter  30. 

Date  of  Execution  of  Agreement. 

Date  of  Delivery  to  Owner. 

Retain  a  signed  copy  in  a  place  of  safety. 

Make  a  copy  for  use  in  the  office. 


Section  III 

Preliminary  Sketches 

(See  Chapter  17,  "Preliminary  Studies  and  Models") 

Handbook. — If  the  Owner  has  not  already  been 
furnished  with  a  copy  of  the  Handbook,  consider 
whether  it  would  be  wise  to  send  him  one  so  that  he 

88 


APPENDICES 


may  the  more  intelligently  cooperate  with  the  Archi- 
tect. 

Record. — Make  a  record  in  the  Minute  Book  of  any 
interviews  with,  or  instructions  received,  from  the 
Owner  and  of  the  dates  of  sulimission  of  the  several 
sets  of  preliminary  sketches,  etc.  It  should  contain  a 
record  of  everything  of  importance  that  has  been 
suggested  by  the  Owner  or  the  Architect,  and  agreed 
on,  postponed  or  disapproved,  including  matters  of 
design  and  construction  as  well  as  cost.  It  should  be 
in  as  simple  and  short  a  form  as  possible,  and  a  copy 
sent  to  the  client  as  soon  as  may  be  after  the  inter- 
view, with  a  request  to  notify  the  Architect  promptly 
if  it  does  not  cover  satisfactorily  the  matters  dis- 
cussed. 

Architect's  Survey. — If  the  work  consists  of  alter- 
ations or  additions,  have  a  suitable  survey  made. 
See  Chapter  16. 

Owner's  Survey. — Request  the  Owner  in  writing  to 
furnish,  as  per  his  agreement,  the  "complete  and 
accurate  survey  of  the  building-site,  giving  the 
grades  and  lines  of  streets,  pavement  and  adjoining 
properties;  the  rights,  restrictions,  easements,  bound- 
aries and  contours  of  the  building-site  and  full  in- 
formation as  to  sewer,  water,  gas  and  electrical 
service." 

Impress  upon  the  Owner  the  great  importance  of 
absolute  accuracy  and  completeness  in  this  matter. 
See  Chapter  15,  "Survey  and  Information." 

Advise  the  Owner  as  to  the  selection  of  a  Surveyor. 

Instruct  the  Surveyor  as  to  the  contour  interval 
and  all  information  desired.  See  Chapter  15  for 
check-list. 

Date  for  receiving  the  survey  and  information. 

If  the  Architect  has  to  pay  for  the  survey  or  in- 
formation, charge  the  Owner's  account  with  the 
cost. 

Btiilding  Laws. — Procure  and  study  the  laws  and 
regulations  controlling  planning  and  construction  at 
the  place  of  building.  If  not  positive  that  the  pre- 
liminary sketches  comply,  as  far  as  such  sketches 
may,  with  the  laws,  submit  them  for  tentative 
approval  to  the  proper  authority.  Be  sure,  how-ever, 
that  the  Owner  does  not  object  to  such  submission 
on  account  of  a  premature  disclosure  of  his  intention 
to  build.    See  Chapter  40. 

Titles,  Numbers,  etc. — Give  the  sketches  a  title, 
number  or  letter,  and  date  them  so  that  each  set  may 
be  distinguished  from  the  others  and  so  that  the 
order  in  which  they  were  made  may  be  apparent. 

Keep  copies  of  all  sketches  sent  to  Owner.  If 
sketches  are  sent  by  mail,  register  same. 


Record  of  Acliori   Taken 


89 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


DETAILS  OF  OWNER'S  SURVEY 


Water  Main — 
Location: 
Size: 
Pressure: 

Sewer — 

Location : 

Size: 

Depth: 

Separate  surface  water: 

Electric  Current — 
Location: 
D.  C.  or  A.  C: 
Cycles: 
Voltage: 

Telephone — 
Location: 
Underground: 
Above  ground: 

Gas  Main — 
Location: 
Size: 


go 


APPENDICES 


Plainly  figure  the  sizes  ot  rooms  upon  the  sketch 
plans,  since  the  Owner  is  not  usually  expert  in  scal- 
ing them. 

Set  down  the  cuhage  of  the  hiiildinE  upon  each  set 
of  sketches  so  that  it  will  he  conveniently  at  hand  if 
needed  in  conference. 

Modi'ls. — Consider  the  advisahility  of  making  a 
model.     See  Chapter  17. 

Account  of  Costs. — Keep  an  account  of  all  costs. 
See  Chapter  13,  "Cost  Accounting." 

Time  for  Preparation. — See  that  the  Owner  is 
informed,  in  accordance  with  article  2  of  Appendix  H, 
of  the  importance  of  sufficient  time  for  the  prepara- 
tion of  drawings  and  specifications. 

Estimali'S. — Make  preliminary  estimates.  On 
their  importance,  method  of  making  them,  their  con- 
ditional character,  see  Chapter  18,  "Preliminary 
Estimates." 

Minutes. — In  the  minutes  of  any  conference  with 
the  Owner,  keep  a  careful  record  of  any  statements 
made  to  him  as  to  the  probable  cost  ot  the  work  or 
cost  per  cubic  foot. 

Approval. — Date  of  approval  of  the  final  set  of 
preliminary  sketches.  See  Chapter  19,  "The  Accept- 
ance of  Sketches,"  etc. 

Charge  the  Owner  s  Account  with  Services  to  Date. — 
See  Chapter  14. 

Bill  for  Services. — Send  a  bill  for  the  installment 
of  the  Architect's  fee  due  upon  the  completion  of  the 
preliminary  sketches  and  for  any  reimbursements  due 
under  the  Agreement,  or  otherwise. 

Registration. — If  the  building  is  to  be  erected  in  a 
place  where  registration  or  local  license  is  required, 
take  the  proper  steps.    See  Chapter  40. 


Rec'ird  'if  /Irli'iii    Tfiken 


Section  IV 


Working  Drawings  and  Specifications 

(See  Chapters  20  and  21  on  the  subject  in  general) 

Date  of  Ordering  working  drawings  and  speci- 
fications. 

Time  for  Preparation. — If  the  Owner,  by  insistmg 
on  undue  haste  in  the  preparation  of  drawings  and 
specifications,  is  impairing  their  thoroughness,  it  is 
the  Architect's  duty  to  impress  upon  him  the  im- 


91 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


portance    of    sufficient    time.      See    Appendix    B, 
Article  2, 

Date  of  Beginning  working  drawings  and  speci- 
fications. 

Survey. — If  the  Owner  has  not  yet  furnished,  as 
per  the  Agreement  between  0\vner  and  Architect,  the 
survey  and  information  there  described,  urge  him 
again  to  furnish  it.  See  Chapter  15.  If  the  Archi- 
tect has  to  pay  for  the  survey,  charge  the  Owner's 
account  with  the  cost. 

Borings  and  Test-Pits. — If  borings  or  test-pits  have 
not  yet  been  made  but  are  needed,  ask  the  Owner's 
authority  to  have  them  made  in  accordance  with  the 
Agreement  between  Owner  and  Architect,  or  with 
Article  10  of  the  Schedule  of  Charges,  Appendix  D. 

Engineers. — Select  any  engineers  whose  fees  are  to 
be  reimbursed  by  the  Owner.  If  deemed  necessary, 
notify  the  Owner  of  their  names  and  of  their  terms 
of  payment  and  secure  his  approval  before  making  an 
appointment. 

Appoint  such  engineers. 

Appoint  any  engineers  or  experts  needed,  other 
than  whose  fees  are  reimbursed  by  the  Owner. 

Enter  the  names  of  the  engineers  in  the  "Directory 
of  those  connected  with  the  Work." 

Method  of  Letting  Contracts. — Confer  with  the 
Owner  as  to  methods.    See  Chapters  22,23,24  and  25. 

The  Number  of  Contracts  to  be  Let. — Ascertain 
whether  bids  on  plumbing,  heating,  electrical  work, 
etc.,  must  be  procured  separately,  as  for  public  work 
in  certain  states.    See  Chapter  24. 

Consider  whether  the  Owner's  interests  will  be 
better  served  by  letting  the  entire  work  under  one 
contract  or  by  letting  parts  of  it  separately.  Advise 
him  on  this  subject  and  obtain  his  instruction.  See 
Chapter  24. 

Quantity  System. — Consider  whether  the  Owner's 
interests  will  be  served  by  adopting  the  method  of 
Quantity  System.    See  Chapter  26. 

Use  of  the  Standard  Documents. — The  use  of  the 
Handbook  presupposes  the  use  of  the  Institute's 
Standard  Forms  of  Agreement  and  General  Con- 
ditions of  the  Contract.  As  the  construction  of  those 
documents  should  be  clearly  understood,  read 
Chapter  31. 

General  Conditions. — Make  any  needed  additions 
to  the  standard  "General  Conditions  of  the  Con- 
tract," bearing  in  mind  that  changes  in  the  printed 
text  are  better  made  by  adding  a  written  article  than 
by  pen  corrections  to  that  text.    See  Chapter  31. 


Record  of  Action  Taken 


92 


APPENDICES 


See  that  the  title  of  the  General  Conditions  is 
identical  with  that  i)f  the  Specifications  and  Draw- 
ings. 

See  that  the  lien  clause,  Article  29,  is  in  accordance 
with  the  laws  of  the  place  of  huildinp,  and  that  it 
gives  the  Owner  all  the  protection  afforded  hy  law. 
See  Chapter  40. 

See  that  all  provisions  for  arbitration  (Article  45) 
are  in  accordance  with  the  law  of  the  place  of  build- 
ing.   See  Chapter  31,  Article  45. 

If  any  laws  or  ordinances  relating  to  non-employ- 
ment of  aliens,  length  of  day's  work,  minimum  wage, 
etc.,  ought  to  be  recited,  add  them  to  the  General 
Conditions.    See  Chapter  25. 

Note  that  the  General  Conditions  do  not  cover 
any  of  the  subjects  named  in  the  list  given  in  Chap- 
ter 21. 

Add  to  the  General  Conditions,  when  needed,  the 
"Standard  Index  of  Electric  Outlets,"  Appendl.\  H. 

Prefix  a  copy  of  the  General  Conditions  to  each 
copy  of  the  Specifications.  Do  not  depend  on  any 
short  cut,  such  as  a  statement  that  "The  General 
Conditions  of  the  American  Institute  of  Architects 
govern  the  work." 

Specifications. — See  Chapter  21,  "Specifications." 
See  that  the  title  of  the  Specifications,  if  they  bear 
one  apart  from  that  of  the  General  Conditions,  is 
identical  with  that  of  the  General  Conditions  and 
Drawings.  See  that  all  cash  allowances  are  clearly 
stated  and,  by  cross  reference,  covered  by  Article  23 
of  the  General  Conditions. 

If  the  Architect  is  not  to  furnish  free  all  copies  of 
working  drawings,  details,  and  specifications  reason- 
ably necessary  for  the  work,  as  in  Article  4  of  the 
General  Conditions,  name  a  cash  allowance  to  be 
made  by  the  Contractor  for  those  not  so  furnished. 

The  General  Conditions  do  not  contain  any  refer- 
ence to  sundry  matters  named  in  Chapter  21.  Pro- 
vision as  to  some  of  them  may,  if  needed,  be  added  to 
the  General  Conditions;  but  most  of  them  are  better 
treated  in  the  Specifications  for  the  trade  to  which 
they  naturally  belong. 

Constantly  bear  in  mind  the  laws  and  regulations 
controlling  planning  and  construction  at  the  place  of 
building.     See  Chapter  40. 

Working  Drawings. — See  that  the  drawings  bear 
titles  as  described  in  Chapter  10. 

See  that  a  record  of  the  drawings  and  of  the  dis- 
tribution of  prints  is  kept  as  described  in  Chapter 
10,  "A  Record  of  Drawings  and  of  the  Distribution 
of  Prints." 

Indicate  all  electric  outlets,  etc.,  on  drawings  in 
accordance  with  the  "Standard  Index  of  Electric 
Outlets,"  for  which  see  Appendix  H. 

93 


Record  of  Action  Taken 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


Bear  in  mind  that  many  subjects  may  be  presented 
more  clearly  by  schedules  than  they  can  be  by  draw- 
ings and  specifications  alone.    See  Chapter  20. 

Extra  Services  and  Special  Cases. — As  the  work 
proceeds,  note  the  cost  of  any  changes  in  working 
drawings  and  specifications,  ordered  by  the  Owner,  if 
coming  under  the  heading  of  "Extra  Services  and 
Special  Cases"  of  the  Agreement  between  Owner  and 
Architect. 

Date  of  Completion  of  JVorking  Drawi^igs  and 
Specifications. 


Record  of  Action  Taken 


Section  V 


O71  Completion  of  Working  Drawings  and 
Specifications 

Submission  to  Owner. — Send  a  complete  set  of 
working  drawings,  general  conditions,  and  speci- 
fications to  the  Owner.  Urge  him  to  study  them 
thoroughly  as  per  Chapter  7. 

Notify  the  Owner  in  writing  of  anything  needed  for 
the  completion  of  the  work,  but  not  covered  by  the 
contracts.  The  record  of  such  notification  is  likely  to 
be  a  very  present  help  in  time  of  need. 

Date  of  Owner's  Approval  of  working  drawings  and 
specifications. 

Charge  the  Owner's  Account  with  Services  to  Date. — 
See  Chapter  14. 

Bill  for  Services. — Send  the  Owner  a  bill  for  the 
payment  due  at  this  time  for  fee,  reimbursements, 
extra  services,  etc.,  unless  it  be  deemed  wiser  to 
await  receipt  of  proposals  before  sending  the  bill. 

Submission  to  Building  Inspectors. — If  the  legal 
authorities  in  control  of  building  operations  will,  at 
this  stage,  give  an  approval  or  tentative  approval  to 
the  plans  and  specifications,  it  is  well  to  submit  a 
complete  set  to  them.  Such  submission,  since  it 
permits  any  necessary  changes  to  be  made  before  or 
during  bidding,  may  avoid  tho  tension  resulting  from 
an  insistence  upon  changes  after  proposals  are 
received. 

Dale  of  Approval  by  such  authorities. 

Ascertain  (a)  whether  the  form  of  Agreement  and 
the  General  Conditions  are  to  be  submitted  to  the 
Owner's  counsel.  If  so,  .'■ecure  his  approval  before 
asking  for  proposals;  otherwise  changes  involving 
delay  may  have  to  be  made  in  those  forms. 


94 


APPENDICES 


(b)  Whether  advertisement  for  l)icls  is  necessary. 
If  so,  have  the  advertisements  written  and  inserted 
by  the  Owner's  coimsel. 

(c)  Whether  the  hiw  requires,  or  the  Owner  desires, 
a  Bond  of  Suretyship.  See  Chapter  32.  "Bonds  of 
Suretyship." 

For  work  which  is  to  lie  paid  for  l>y  puliHc  funds,  a 
bond  or  bonds  are  usually  reiiuired.  In  such  cases, 
the  Owner  should  furnish,  through  his  coun.'-el,  the 
form  or  forms  to  be  used  as  well  as  all  other  nece.esary 
information. 

(d)  Whether  a  public  opening  of  bids  is  nece'^sary 
or  advisable. 

(f)  Whether  the  Owner  requires  the  bids  to  be 
addressed  to  himself  and  insists  on  opening  them  or 
whether,  as  is  usually  the  case,  he  desires  them  to  be 
addressed  to  and  opened  by  the  Architect. 

(/)  Whether,  if  public  advertisement  for  bids  is  not 
necessary,  the  Owner  leaves  the  list  of  bidders  to  the 
Architect.  If  not  necessary,  offer  suggestions  and 
secure  the  Owner's  approval  of  a  list  of  bidders. 

On  the  importance  of  inviting  none  but  honest 
and  competent  bidders,  see  Chapter  22,  "Com- 
petitive Bidding." 

List  of  Bidders. — Enter  in  the  Minute  Book  list 
approved  by  the  Owner. 

Prepare  {a)  Instructions  to  Bidders.  For  a 
typical  form,  see  Chapter  28. 

{b)  Invitation  to  bid.  For  a  typical  form,  see 
Chapter  27. 

(c)  Form  of  Proposal.  For  a  typical  form,  see 
Chapter  29  . 


Record  of  Aclion  Taken 


Section  VI 


During  the  Time  of  Bidding 

Date  of  Mailing  the  invitations,  instructions  and 
blank  forms  of  proposal. 

Date  of  Issuing  drawings  and  specifications. 

Take  Receipts  for  all  drawings  and  specifications  as 
issued.    See  Chapter  10,  "Record  of  Drawings,  etc." 

During  the  Time  of  Bidding,  see  to  it  that  no  verbal 
instructions  are  given  to  any  bidder.  All  communi- 
cations must  take  the  form  of  bulletins,  one  copy  of 
each  being  sent  simultaneously  to  each  bidder.  See 
Chapter  28  for  typical  form. 


95 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 
Section  VII 

Proposals  Record  of  Action   Taken 


Proposals  Received. 

Proposals  Scheduled. 

Submit  proposals  and  copy  of  schedule  to  Owner. 

Examine  lists  of  subcontractors  with  great  care, 
since  they  throw  much  hght  on  the  relative  merits 
of  the  bids.    See  Chapters  22  and  24. 

Advise  the  Client  as  to  the  award  of  the  contract. 
"In  advising  .  .  .  that  the  award  be  made  only  to 
contractors  who  are  reliable  and  competent  the 
Architect  protects  the  interests  of  his  client." 
Appendix  B,  Article  6. 

Watch  date  of  expiration  of  validity  of  proposals 
and  keep  Owner  informed. 

Give  the  successful  bidder  notice  as  soon  as  the 
Owner  makes  an  award.  See  Section  IX,  "Notifi- 
cations." 


Section  VIII 

Agreement  Between  Owner  and  Contractor 

Form  of  Agreement. — The  use  of  the  Handbook  drawings  is  signed  and  in  that  case  it  is  left  with  the 

presupposes  the  use  of  one  of  the  Institute's  Standard  Architect.     Provision  is  made  in  Article  2  of  the 

Formsof  Agreement  between  Contractor  and  Owner.  General  Conditions  that  "In  case  of  failure  to  sign 

Appendice.''  J  and  O.  the  General  Conditions,  Drawings  or  Specifications, 

Names,  Witnesses,  Signatures,  etc.— Consult  Chap-  ^^^  Architect  shall  identify  them." 

ter  30,  with  regard  to  the  best  forms  for  names  of  the  'The  drawmgs  signed  should  not  be  Imen  tracmgs 

contracting    parties,    signatures,    witnesses,    seals,  ^^^'^^  ^""^  readily  changed,  but  blueprints,  since  they 

authority  to  execute  a  contract,  etc.  ^'^^  unalterable. 

Special  Clauses.— \x\c\uAe  in  the  long  blank  any  ^^^^  °f  Execution  of  the  Agreement  between  Con- 
clauses  special  to  the  Agreement  in  hand ;  e.  g.,  when  tractor  and  Owner. 

the  Agreement  is  to  be  filed  with  a  public  official  to  Date  of  Delivery  of  the  Agreement  to  the  Con- 
insure  waiver  of  lien,  see  that  it  includes  the  necesary  ti  actor. 


special  clause. 


Date  of  Delivery  of  the  Agreement  to  the  Owner. 


Signing  Drawings,  etc.— The   Drawings,   General  n./c-       .          c  u    r-     j-  ■         n.       •            j 

Conditions,    Specifications,    and    Addenda,    if   any,  -D«'/ o/Szg«a/ur.  of  the  Conditions,  Drawings  and 

should  be  signed  by  both  0^^'ner  and  Contractor.  Specifications  by  the  Owner. 

Each  is,  of  course,  entitled  to  a  signed  copy  for  his  Date  of  Signature  of  the  Conditions,  Drawings  and 

records.     Generally,  however,  but  one  copy  of  the  Specifications  by  the  Contractor. 

96 


APPENDICES 

Enter  in  the  inclined  spaces  the  names  of  the  several  contracts  under  which  the  work  is  to  be  let,  and  below  enter  dates  sliowing  when 

each  act  described  on  the  opposite  pa^e  was  performed. 


97 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 

Section  IX 

Immediately  after  the  Execution  of  the  Record  of  Action  Ti.ke 

Agreement  Between  Contractor  and 
Owner 

Filing  of  Agreements. — File,  if  necessary,  an  orig- 
inal signed  copy  of  the  Agreement,  with  the  proper 
public  official,  and  if  the  law  so  require,  file  the 
General  Conditions,  Specifications  and  Contract 
Drawings. 

Charge  the  Owner's  account  with  the  cost  of  filing^ 

Bill  for  Architect's  Services. — Send  the  Owner  a  bill 
for  the  instalment  of  the  Architect's  fee,  due  on  com- 
pleting working  drawings  and  specifications  and  for 
reimbursements,  special  services,  etc.,  if  such  a  bill 
has  not  already  been  sent. 

Bond  of  Suretyship. — For  a  discussion  of  the  sub- 
ject, see  Chapter  32. 

{a)  If  a  bond  of  suretyship  is  to  be  furnished  under 
the  Contract,  send  the  Contractor  a  copy  ot  the 
Agreement  for  use  of  the  Surety. 

ib)  Ask  the  Contractor  for  the  name  of  his  pro- 
posed Surety. 

(c)  Submit  the  name  of  the  Surety  to  the  Owner 
for  approval. 

{d)  If  the  Surety  is  satisfactory  to  the  Owner,  fo 
inform  the  Contractor  and  ask  for  the  bond,  stating 
that  it  must  be  in  the  "Standard  Form  of  Bond  issued 
by  the  American  Institute  of  Architects,"  Appen- 
dix L. 

(<•)  Date  on  which  the  bond  was  received  from 
Contractor. 

(/)  See  that  the  signature  of  the  Contractor,  or 
Surety,  if  either  be  a  corporation,  is  accompanied  by 
a  certificate  of  authority  to  sign  as  explained  in  the 
case  of  agreements  in  Chapter  30. 

(g)  File  the  bond  in  the  Architect's  office  unless 
the  Owner  wishes  to  keep  it  in  his  own  files. 

ih)  If  no  bond  is  furnished  under  the  contract,  see 
that  the  Owner  understands  that  even  so  he  may, 
under  Article  22  of  the  General  Conditions,  require 
one  at  any  time  as  an  extra  to  the  contract.  If  he 
does,  go  through  the  regular  procedure  as  above  and 
issue  a  formal  order  for  the  amount  of  the  extra. 

Record  Copy  of  Documents . — Prepare  for  preserva- 
tion in  the  Architect's  office  a  "Record  Copy"  of  the 
General  Conditions  and  Specifications,  prefixing 
thereto  a  copy  of  the  Invitation  to  bid,  Instructions 
to  Bidders,  the  accepted  Form  of  Proposal  and  a  copy 
of  the  Agreement,  and  include  therewith  a  copy  of 
each  bulletin  and  any  amendments  to  the  General 
Conditions. 

98 


APPENDICES 


Correct  Documents. — Either  correct  all  drawings, 
specifications,  etc.,  so  that  they  are  in  accord  with 
the  Record  Copy  or  mark  them  "Void." 

Issue  and  Collect  Drawings. — Issue  to  the  Con- 
tractor the  necessary  copies  of  properly  corrected 
drawings  and  specifications.  Provide  hini,  in  addi- 
tion to  his  own  drawings  and  specifications,  with  a 
copy  of  all  others  that  may  have  a  bearing  on  his 
work — lest  he  plead  ignorance  in  extenuation  of 
errors. 

See  that  all  bidders,  except  the  successful  one, 
return  all  drawings  and  specifications. 

Notifications. — {a)  Notify  the  unsuccessful  bidders 
of  the  letting  of  the  contract. 

{b)  Notify  all  those  with  whom  the  Owner  already 
has  direct  contracts  of  the  letting  of  this  one  and  of 
the  work  covered  by  it. 

(f)  Notify  the  new  Contractor  of  the  names  of 
those  with  whom  the  Owner  already  has  direct  con- 
tracts and  of  the  work  covered  by  each  such  contract. 

{d)  Notify  the  Owner  as  to  insurance  of  sundry 
kinds.    See  Chapter  33. 

{e)  Notify  the  Contractor  of  the  importance  of 
entire  familiarity  with  the  contract  documents.  See 
typical  letter  in  Chapter  33. 

(/)  Notify  the  Contractor  to  furnish  any  samples 
that  are  to  be  provided  under  Article  8  of  the  General 
Conditions  or  otherwise.  Constantly  follow  up 
samples  to  be  sure  that  no  delay  is  caused  by  failure 
to  have  them  ready  when  needed. 

(g)  Notify  the  Contractor  of  his  duties  under  the 
General  Conditions,  Article  5,  as  to  Shop  Drawings, 
and  urge  prompt  delivery  of  such  drawings.  Follow- 
up  shop  drawings  to  be  sure  that  no  delay  occurs 
through  lateness  of  delivery.    See  Chapter  36. 

Schedules. — (a)  Require  the  Contractor  to  furnish, 
in  accordance  with  Article  26  of  the  General  Con- 
ditions, "A  Schedule  of  Values  of  the  Various  Parts 
of  the  Work,"  aggregating  the  total  sum  of  the  con- 
tract, divided  so  as  to  facilitate  payments  to  sub- 
contractors, in  accordance  with  Article  44  (i^).  See 
Chapter  35. 

ih)  Provide  the  Contractor  with  the  form  on  which 
to  make  out  the  Schedule.  See  Chapter  35,  also 
Exhibit  No.  23,  Chapter  38. 

(f)  Date  on  which  the  Schedule  was  received  from 
the  Contractor. 

{d)  Examine  the  Schedule,  making  sure  that  not 
too  great  a  value  is  attributed  to  the  early  parts  of 
the  work,  and  bear  in  mind  that  the  Contractor  must, 
if  required,  support  his  statement  "by  evidence  as  to 
its  correctness."    See  Chapter  35. 

Submit  the  Schedule  to  the  Clerk  of  the  Works. 
See  Chapter  36. 


Record  of  /If  lion    T'lkeii 


99 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 

W  If  a  schedule  fixing  dates  for  detail  drawings  Record  of  Action  Taken 

is  to  be  made  under  the  General  Conditions,  Article  3 , 
paragraph  2,  first  sentence,  prepare  it  in  conference 
with  the  Contractor.    See  Chapter  34. 

(/)  If  schedules  fixing  dates  for  shop  drawings  and 
for  the  progress  of  the  work  are  to  be  made  under  the 
the  General  Conditions,  Article  3,  paragraph  2, 
second  sentence,  prepare  them  in  consultation  with 
the  Contractor.    See  Chapter  34. 

Clerk  of  the  Works.— {a)  See  Chapter  36.  Incases 
where  it  is  desirable  that  there  should  be  a  Clerk  of 
the  Works,  if  the  Owner  has  not  already  agreed  to 
employ  one,  inform  him  of  the  reasons  for  such  em- 
ployment, and  secure  his  consent  to  the  employment 
of  one. 

(b)  Inform  the  Owner  of  the  qualifications  and 
salaries  of  candidates. 

(f)  Prepare  a  letter  for  the  Owner's  signature, 
appointing  a  Clerk  of  the  Works,  naming  his  salary 
and  stipulating  for  the  reimbursement  of  his  travelmg 
and  minor  expenses. 

(d)  Date  of  appointment  of  the  Clerk  of  the 
Works.  Enter  his  name  in  the  "Directory  of  Those 
Connected  with  the  Work." 

(e)  Issue  to  the  Clerk  of  the  Works  a  copy  of  all 
the  contract  documents,  including  all  bulletins  and 
addenda  forming  a  part  of  the  contract. 

(/)  If  any  general  instructions  as  to  his  duties  are 
to  be  issued  to  the  Clerk  of  the  Works,  issue  them  in 
writing. 

(g)  Supply  the  Clerk  of  the  Works  with  blank 
forms  for  his  reports  and  with  envelopes  for  them. 

Experts  for  Testing  Materials.— Appoint  experts 
for  testing  cement,  steel,  and  other  materials. 

Enter  the  names  and  dates  in  the  "Directory  of 
Those  Connected  with  the  Work." 

Ascertain,  in  case  the  Owner  is  a  corporation,  {a) 
the  name  and  address  of  the  person  legally  authorized 
to  sign  orders  for  changes  in  the  amount  of  the  con- 
tract and  enter  his  name  and  address  in  the  "Direc- 
tory. 

(b)  The  name  and  address  of  the  person  to  whom 
notification  of  issuance  of  certificates  of  payment 
should  be  sent.    Enter  them  in  the  "Directory." 

Status  of  Jrchitect.—Btar  in  mind  that  upon  the 
letting  of  a  contract,  the  status  of  the  Architect 
changes.    See  Appendix  B,  Article  i . 


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APPENDICES 
Section  X 


Detail  Drawings 


Record  of  Action  Taken 


Distribution. — Whether  there  he  one  or  several 
direct  contractors,  care  must  be  taken  to  see  that 
each  is  furnished  with  all  copies  of  drawings  nec- 
essary for  the  proper  conduct  of  his  work,  e.  g.,  for 
his  office,  for  the  foreman  and  for  his  subcontractors. 
When  there  is  a  Clerk  of  the  Works,  see  that  he 
receives  a  copy  of  each  drawing.    See  Chapter  lo. 

Schedules. — Schedules  may  frequently  be  employed 
in  place  of  detail  drawings.    See  Chapter  20. 

Bill  for  Services. — On  completing  the  detail  draw- 
ngs,  send  the  Owner  a  bill  for  them  and  any  reim- 
bursements that  have  fallen  due.  Of  that  part  of  his 
fee  earned  by  the  Architect  during  the  construction 
of  the  work,  one-half  is  usually  ascribed  to  the  detail 
drawings  and  one-half  to  administration  and  super- 
vision. Therefore,  if  no  earlier  payment  has  been 
made  on  account  of  progress  on  the  detail  drawings, 
it  is  proper  on  their  completion  to  send  a  bill  to  the 
Owner  for  the  half  in  question. 


Section  XI 


During  the  Construction  of  the  Work 

Changes  in  the  Contract  Sum. — For  information  on 
Changes  in  the  amount  of  the  contract  and  for  a  form 
of  order,  see  Chapter  37. 

Applications. — For  information  on  applications  for 
payment  and  a  form  of  application,  see  Chapter  38. 

Certificates. — For  information  on  certificates  of 
payment  and  a  form  thereof,  see  Chapter  39. 

Information  of  Clerk  of  Works. — Send  to  the  Clerk 
of  the  Works,  a  copy  of  every  order  for  a  change  in 
the  contract  sum,  and  copies  of  all  other  orders, 
letters,  etc.,  bearing  on  the  discharge  of  his  duties. 


Section  XII 


On  the  Completion  of  the  U^ork 


Owner's  Set  of  Drawings. — Provide  the  Owner  with 
a  set  of  drawings  for  his  files.  If  he  desires  them 
brought  into  exact  and  detailed  accord  with  the  work 
as  executed,  inform  him  that  you  will  keep  an  account 


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THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 

of  the  cost  of  doing  so  and  will  charge  his  account  Record  of  Action  Taken 

with  that  amount.  Secure  copies  of  all  guarantees 
called  for. 

File  for  Future  Reference  the  signed  contract  set  of 
drawings,  the  "Record  Copy"  including  the  shop 
drawing  and  schedules  as  per  Chapter  lo,  the 
Minute  Book,  the  correspondence  both  incoming  and 
outgoing,  as  well  as  all  linen  tracings  and  a  copy  of 
each  detail  drawing. 

Final  Statement. — Fill  out  the  final  statement  on 
the  opposite  page  and  file  it  either  as  a  part  of  the 
"Record  Copy"  or  in  a  separate  book  kept  for  such 
statements.  Observe  that  the  method  of  dividing 
the  Architect's  costs  and  calculating  overhead 
corresponds  with  that  in  Chapter  13. 


102 


APPENDICES 
RECORD  OF  PROGRESS 

Final  Statement 


O 


wner  s  name 


Kind  and  location  of  building- 


Date  of  completion  of  building 

Total  of  final  contract  sums  .  .  .      

Total  of  original  contract  sums  .     

Amount  of  increase     .....     

Percentage  of  increase         ....     

Final  total  of  contracts  not  including  equipment 
Final  total  of  contracts  for  all  non-movable  equipment 
Architect's  fees    ...... 

Engineer's  fees     ...... 

Traveling  or  other  expenses  reimbursed  by  client 

Salary  of  Clerk  of  the  Works 

Total  cost  of  the  work 

Total  cubage  of  the  work  on  completion 

Total  cost  per  cubic  foot       .... 


-cu.  ft. 

-CtS. 


Architect's  Financial  Results 
lotal  fee  (not  reimbursements)  received  by  Architect 
Costs  paid  by  Architect: 

Drafting       ....  

Specification  writing       .  .  

Supervision  .... 


-per  cent  of  the  above 


Overhead  taken  as- 
total 

Any  costs  not  included  in  the  above 

Losses,  if  any,  due  to  this  work 

Total  cost  to  Architect 

Net  profit  to  Architect 

Percentage  of  profit  to  total  fee 


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THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 

A  Directory  of  Those  Connected  With  the  Work 

Names  and  Addresses  of  Owner,  Engineers,  etc. 


Name  and  address 
or  official  title 
of  the  Owner 

Kind  or  name  of  building 
and  its  location 

Agent  or  other 
Representative  of 
Owner,  if  a  corporation 

Orders  foi  extras 
to  be  signed  by 

Copies  of  certificates 
to  be  sent  to 

Architect's  bills  to 
be  sent  to 

Name  and  address 
of  Owner's  counsel 

Name  and  address 
of  Owner's  Surveyor 

Name  and  address 
of  Engineers: 

Structural 
Heating 
Electrical 
Sanitary 

Name  and  address  of 
experts  for  testing: 

Cement 

Steel 

Other  Materials 

Name  and  address  of 
the  Clerk  of  the  Works 


104 


APPENDICES 

A  Directory  of  Those  Connected  with  the  Work 

Names  and  Addresses  of  Contractors  and  Subcontractors 


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THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 
CHRONOLOGICAL  RECORD  OF  PRINCIPAL  TRANSACTIONS 


Agreement  with  Owner  dated 

Survey  received  from  Owner 

Preliminary  sketches  first  submitted 

Preliminarj'  sketches  approved 

Working  drawings  ordered 

Working  drawings  started 

Report  on  borings  or  test  pits  received 

Engineers  appointed 

Working  drawings  and  specifications  completed 

Working  drawings  and  specifications  sent  Owner 

Notified  Owner  of  items  not  covered  by  contracts 

Drawings  and  Specifications  approved  by  Owner 

Drawings  and  Specifications  approved  by  Au- 
thorities 
Bids  advertised  for 

Invitations  to  bid  mailed 

Drawings  and  Specifications  issued  for  bidding 

Proposals  received 

Proposals  scheduled 

Proposals  submitted  to  Owner 

Successful  bidder  notified 

Date  of  execution  of  contract 

Date  of  delivery  of  copy  to  contractor 

Date  of  delivery  of  copy  to  Owner 

Date  of  signature  of  Drawings  and  Specifications 

by  Contractor 
Date  of  signature  of  Drawings  and  Specifications 

by  Owner 
Date  of  filing  of  documents  with  Authorities 

Schedule  of  values  received  from  Contractor 

Schedule  of  dates  for  progress  of  Drawings  agreed 

upon 
Schedule  of  Dates  for  progress  of  Work  agreed 

upon 
Clerk  of  the  Works  appointed 

Appointment  of  testing  experts 


1 06 


APPKNDICES 
Appkndix  B 


A.   I.  A.   Document  No.   141 


A  Circular  of  Advice 

Relative  to  Principles  of  Professional  Practice  and  Canons  of  Ethics 

The  American  Institute  of  Architects,  seeking  to  maintain  a  high  standard  of  practice  and  conduct 
on  the  part  of  its  members  as  a  safeguard  of  the  important  financial,  technical  and  esthetic  interests  entrusted 
to  them,  offers  the  following  advice  relative  to  professional  practice: 

The  profession  of  architecture  calls  for  men  of  the  highest  integrity,  business  capacity  and  artistic  ability. 
The  architect  is  entrusted  with  financial  undertakings  in  which  his  honesty  of  purpose  must  be  above  suspicion; 
he  acts  as  professional  adviser  to  his  client  and  his  advice  must  be  absolutely  disinterested;  he  is  charged  with 
the  exercise  of  judicial  functions  as  between  client  and  contractors  and  must  act  with  entire  impartiality;  he 
has  moral  responsibilities  to  his  professional  associates  and  subordinates;  finally,  he  is  engaged  in  a  profession 
which  carries  with  it  grave  responsibility  to  the  public.  These  duties  and  responsibilities  cannot  be  properly 
discharged  unless  his  motives,  conduct,  and  ability  are  such  as  to  command  respect  and  confidence. 

No  set  of  rules  can  be  framed  which  will  particularize  all  the  duties  of  the  architect  in  his  various  relations 
to  his  clients,  to  contractors,  to  his  professional  brethren,  and  to  the  public.  The  following  principles  should 
however,  govern  the  conduct  of  members  of  the  profession  and  should  serve  as  a  guide  in  circumstances  other 
than  those  enumerated. 


I.  ON  THE  ARCHITECT'S  STATUS. 


The  architect's  relation  to  his  client  is  primarily  that  of  pro- 
fessional adviser;  this  relation  continues  throughout  the  entire 
course  of  his  service.  When,  however,  a  contract  has  been  exe- 
cuted between  his  client  and  a  contractor  by  the  terms  of  which 
the  architect  becomes  the  official  interpreter  of  its  conditions  and 
the  judge  of  its  performance,  an  additional  relation  is  created 
under  which  it  is  incumbent  upon  the  architect  to  side  neither 
with  client  nor  contractor,  but  to  use  his  powers  under  the  con- 
tract to  enforce  its  faithful  performance  by  both  parties.  The 
fact  that  the  architect's  payment  comes  from  the  client  does  not 
invalidate  his  obligation  to  act  with  impartiality  to  both  parties. 

2.  ON  PRELIMINARY  DRAVVINQS  AND  ESTIMATES. 

The  architect  at  the  outset  should  impress  upon  the  client  the 
importance  of  sufficient  time  for  the  preparation  of  drawings  and 
specifications.  It  is  the  duty  of  the  architect  to  make  or  secure 
preliminary  estimates  when  requested,  but  he  should  acquaint  the 
client  with  their  conditional  character  and  inform  him  that  com- 
plete and  final  figures  can  be  had  only  from  complete  and  final 
drawings  and  specifications.  If  an  unconditional  limit  of  cost  be 
imposed  before  such  drawings  are  made  and  estimated,  the  archi- 
tect must  be  free  to  make  such  adjustments  as  seem  to  him 
necessary.  Since  the  architect  should  assume  no  responsibility 
that  may  prevent  him  from  giving  his  client  disinterested  advice, 
he  should  not,  by  bond  or  otherwise,  guarantee  any  estimate  or 
contract. 

3.  ON  SUPERINTENDENCE  AND  EXPERT  SERVICES. 

On  all  work  except  the  simplest,  it  is  to  the  interest  of  the  owner 
to  employ  a  superintendent  or  clerk  of  the  works.  In  many  engi- 
neering problems  and  in  certain  specialized  esthetic  problems,  it 
is  to  his  interest  to  have  the  services  of  special  experts  and  the 
architect   should    so   inform    lilm.     The   experience   and   special 


knowledge  of  the  architect  make  it  to  the  advantage  of  the  owner 
that  these  persons,  although  paid  by  the  owner,  should  be  selected 
by  the  architect  under  whose  direction  they  are  to  work. 

4.  ON  THE  ARCHITECT'S  CHARGES. 

The  Schedule  of  Charges  of  the  American  Institute  of  Archi- 
tects is  recognized  as  a  proper  minimum  of  payment.  The 
locality  or  the  nature  of  the  work,  the  quality  of  services  to  be 
rendered,  the  skill  of  the  practitioner  or  other  circumstances 
frequently  justify  a  higher  charge  than  that  indicated  by  the 
Schedule. 

S.  ON  PAYMENT  FOR  EXPERT  SERVICE. 

The  architect,  when  retained  as  an  expert,  whether  in  connec- 
tion with  competitions  or  otherwise,  should  receive  a  compensa- 
tion proportionate  to  the  responsibility  and  difficulty  of  the 
service.  No  duty  of  the  architect  is  more  exacting  than  such 
service,  and  the  honor  of  the  profession  is  involved  in  it.  Under 
no  circumstances  should  experts  knowingly  name  prices  in  com- 
petition with  each  other. 

6.  ON  SELECTION  OF  BIDDERS  OR  CONTRACTORS. 

The  architect  should  advise  the  client  in  the  selection  of  bidders 
and  in  the  award  of  the  contract.  In  advising  that  none  but 
trustworthy  bidders  be  invited  and  that  the  award  be  made  only 
to  contractors  who  are  reliable  and  competent,  the  architect 
protects  the  interests  of  his  client. 

7.  ON  DUTIES  TO  THE  CONTRACTOR. 

As  the  architect  decides  whether  or  not  the  intent  of  his  plans 
and  specifications  is  properly  carried  out,  he  should  take  special 
care  to  see  that  these  drawings  and  specifications  are  complete 
and  accurate,  and  he  should  never  call  upon  the  contractor  to 
make  good  oversights  or  errors  in  them  nor  attempt  to  shirk 
responsibility  by  indefinite  clauses  in  the  contract  or  specificationi. 


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THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


8.  ON  ENQAQINQ  IN  THE  BUILDING  TRADES. 

The  architect  should  not  directly  or  indirectly  engage  in  any  of 
the  building  trades.  If  he  has  any  financial  interest  in  any  build- 
ing material  or  device,  he  should  not  specify  or  use  it  without  the 
knowledge  and  approval  of  his  client. 

9.  ON  ACCEPTING  COMMISSIONS  OR  FAVORS. 

The  architect  should  not  receive  any  commission  or  any  sub- 
stantial service  from  a  contractor  or  from  any  interested  person 
other  than  his  client. 

10.  ON  ENCOURAGING  GOOD  WORKMANSHIP. 

The  large  powers  with  which  the  architect  is  invested  should  be 
used  with  judgment.  While  he  must  condemn  bad  work,  he  should 
commend  good  work.  Intelligent  initiative  on  the  part  of  crafts- 
men and  workmen  should  be  recognized  and  encouraged  and  the 
architect  should  make  evident  his  appreciation  of  the  dignity  of 
the  artisan's  function. 

11.  ON  OFFERING  SERVICES  GRATUITOUSLY. 

The  seeking  out  of  a  possible  client  and  the  offering  to  him  of 
professional  services  on  approval  and  without  compensation, 
unless  warranted  by  personal  or  previous  business  relations, 
tends  to  lower  the  dignity  and  standing  of  the  profession,  and  is 
to  be  condemned. 

12.  ON  ADVERTISING. 

Publicity  of  the  standards,  aims  and  progress  of  the  profession, 
both  in  general  and  as  exemplified  by  individual  achievement,  is 
essential.  Advertising  of  the  individual,  meaning  self-laudatory 
publicity  procured  by  the  person  advertised  or  with  his  consent, 
tends  to  defeat  its  own  ends  as  to  the  individual  as  well  as  to 
lower  the  dignity  of  the  profession,  and  is  to  be  deplored. 

13.  ON  SIGNING  BUILDINGS  AND  USE  OF  TITLES 

The  unobtrusive  signature  of  buildings  after  completion  is 
desirable. 

The  placing  of  the  architect's  name  on  a  building  during  con- 
struction serves  a  legitimate  purpose  for  public  information,  but 
is  to  be  deplored  if  done  obtrusively  for  individual  publicity. 

The  use  of  initials  designating  membership  in  the  Institute  is 
desirable  in  all  professional  relationships,  in  order  to  promote  a 
general  understanding  of  the  Institute  and  its  standards  through 
a  knowledge  of  its  members  and  their  professional  activities. 

Upon  the  members  devolves  the  responsibility  to  associate  the 
symbols  of  the  Institute  with  acts  representative  of  the  highest 
standards  of  professional  practice. 

14.  ON  COMPETITIONS. 

-An  architect  should  not  take  part  in  a  competition  as  a  com- 
petitor or  juror  unless  the  competition  is  to  be  conducted  accord- 
ing to  the  best  practice  and  usage  of  the  profession,  as  evidenced 
by  its  having  received  the  approval  of  the  Institute,  nor  should 
he  continue  to  act  as  professional  adviser  after  it  has  been  deter- 
mined that  the  program  cannot  be  so  drawn  as  to  receive  such 
approval.  When  an  architect  has  been  authorized  to  submit 
sketches  for  a  given  project,  no  other  architect  should  submit 
sketches  for  it  until  the  owner  has  taken  definite  action  on  the  first 
sketches,  since,  as  far  as  the  second  architect  is  concerned,  a 
competition  is  thus  established.     Except  as  an  authorized  com- 


petitor, an  architect  may  not  attempt  to  secure  work  for  which  a 
competition  has  been  instituted.  He  may  not  attempt  to  influence 
the  award  in  a  competition  in  which  he  has  submitted  drawings. 
He  may  not  accept  the  commission  to  do  the  work  for  which  a 
competition  has  been  instituted  if  he  has  acted  in  an  advisory 
capacity  either  in  drawing  the  program  or  in  making  the  award. 


15.  ON  INJURING  OTHERS. 

An  architect  should  not  falsely  or  maliciously  injure,  directly 
or  indirectly,  the  professional  reputation,  prospects  or  business 
of  a  fellow  architect. 

16.  ON  UNDERTAKING  THE  WORK  OF  OTHERS. 

An  architect  should  not  undertake  a  commission  while  the 
claim  for  compensation  or  damages  or  both,  of  an  architect  pre- 
viously employed  and  whose  employment  has  been  terminated 
remains  unsatisfied,  unless  such  claim  has  been  referred  to  arbi- 
tration or  issue  has  been  joined  at  law;  or  unless  the  architect 
previously  employed  neglects  to  press  his  claim  legally;  nor 
should  he  attempt  to  supplant  a  fellow  architect  after  definite 
steps  have  been  taken  toward  his  employment. 

17.  ON  DUTIES  TO  STUDENTS  AND  DRAUGHTSMEN 

The  architect  should  advise  and  assist  those  who  intend  making 
architecture  their  career.  If  the  beginner  must  get  his  training 
solely  in  the  office  of  an  architect,  the  latter  should  assist  him  to 
the  best  of  his  ability  by  instruction  and  advice.  An  architect 
should  urge  his  draughtsmen  to  avail  themselves  of  educational 
opportunities.  He  should,  as  far  as  practicable,  give  encourage- 
ment to  all  worthy  agencies  and  institutions  for  architectural 
education.  While  a  thorough  technical  preparation  is  essential 
for  the  practice  of  architecture,  architects  cannot  too  strongly 
insist  that  it  should  rest  upon  a  broad  foundation  of  general 
culture. 

18.  ON  DUTIES  TO  THE  PUBLIC  AND  TO  BUILDING 

AUTHORITIES. 

An  architect  should  be  mindful  of  the  public  welfare  and  should 
participate  in  those  movements  for  public  betterment  in  which 
his  special  training  and  experience  qualify  him  to  act.  He  should 
not,  even  under  his  client's  instructions,  engage  in  or  encourage 
any  practices  contrary  to  law  or  hostile  to  the  public  interest; 
for  as  he  is  not  obliged  to  accept  a  given  piece  of  work,  he  cannot, 
by  urging  that  he  has  but  followed  his  client's  instructions,  escape 
the  condemnation  attaching  to  his  acts.  An  architect  should 
support  all  public  officials  who  have  charge  of  building  in  the 
rightful  performance  of  their  legal  duties.  He  should  carefully 
comply  with  all  building  laws  and  regulations,  and  if  any  such 
appear  to  him  unwise  or  unfair,  he  should  endeavor  to  have  them 
altered. 

19.  ON  PROFESSIONAL  QUALIFICATIONS. 

The  public  has  the  right  to  expect  that  he  who  bears  the  title 
of  architect  has  the  knowledge  and  ability  needed  for  the  proper 
invention,  illustration,  and  supervision  of  all  building  operations 
which  he  may  undertake.  Such  qualifications  alone  justify  the 
assumption  of  the  title  of  architect. 


lOS 


APPENDICES 


The  Canons  of  Ethics 


The  following  Canons  are  adopted  by  the  American  Institute 
of  Architects  as  a  general  guide,  yet  the  enumeration  of  particular 
duties  should  not  be  construed  as  a  denial  of  the  existence  of 
others  equally  important  although  not  specially  mentioned.  It 
should  also  be  noted  that  the  several  sections  indicate  offenses  of 
greatly  varying  degrees  of  gravity. 

It  is  unprofessional  for  an  architect — 

1.  To  engage  directly  or  indirectly  in  any  of  the  building  or 
decorative  trades. 

2.  To  guarantee  an  estimate  or  contract  by  bond  or  otherwise. 

3.  To  accept  any  commission  or  substantial  service  from  a 
contractor  or  from  any  interested  party  other  than  the  owner. 

4.  To  take  part  in  any  competition  which  has  not  received  the 
approval  of  the  Institute  or  to  continue  to  act  as  professional 
adviser  after  it  has  been  determined  that  the  program  cannot  be 
so  drawn  as  to  receive  such  approval. 

5.  To  attempt  in  any  way,  except  as  a  duly  authorized  com- 
petitor, to  secure  work  for  which  a  competition  is  in  progress. 

6.  To  attempt  to  influence,  either  directly  or  indirectly,  the 
award  of  a  competition  in  which  he  is  a  competitor. 


7.  To  accept  the  commission  to  do  the  work  for  which  a  com- 
petition has  been  instituted  if  he  has  acted  in  an  advisory  capacity, 
either  in  drawing  the  program  or  in  making  the  award. 

8.  To  injure  falsely  or  maliciously,  directly  or  indirectly,  the 
professional  reputation,  prospects  or  business  of  a  fellow  architect. 

9.  To  undertake  a  commission  while  the  claim  for  compensa- 
tion, or  damages,  or  both,  of  an  architect  previously  employed 
and  whose  employment  has  been  terminated  remains  unsatisfied, 
until  such  claim  has  been  referred  to  arbitration  or  issue  has  been 
joined  at  law,  or  unless  the  architect  previously  employed  neglectt 
to  press  his  claim  legally. 

10.  To  attempt  to  supplant  a  fellow  architect  after  definite 
steps  have  been  taken  toward  his  employment,  t.  g.,  by  submitting 
sketches  for  a  project  for  which  another  architect  has  been  author- 
zed  to  submit  sketches. 

11.  To  compete  knowingly  with  a  fellow  architect  for  employ- 
ment on  the  basis  of  professional  charges. 

Adopted  December  14-16,  1909. 

Revised  December  10-12,  1912. 

Revised  April  26,  191 8. 


A.  I.  A.  Document  Series  A,  No.  114. 

Appendix  C 

Architectural  Competitions,  a  Circular  of  Advice  and  Information 


Authorized  by  the 

43d  Annual  Convention  at  Washington,  D.  C. 

December  14-16,  1909 


Issued  March  30,  1910 
Amended  June  10,  1910,  and  January  3,   1911 


Ratified  by  the 

44th  Annual  Convention  at  San  Francisco 

January  16-21,  1911 


Reaffirmed  by  the 
45th  Annual  Convention  at  Washington,  D.  C. 


Amended  January  3.  1912 
as  authorized  by  the  Convention 


Amended  December  9,  1912,  and 

Ratified  by  the 

46th  Annual  Convention  at  Washington,  D.  C. 

December  10-12,  1912 


Amended  December  2,  1913,  and 

Ratified  by  the 

47th  Annual  Convention  at  New  Orleans.  La. 

December  3-5,  1913 


Amended  and  Ratified  by  the 

48th  Annual  Convention  at  Washington,  D.  C. 

December  2-4,  1914 


This  Circular  furnishes  information 
as  to  the  best  methods  of  conducting 
architectural  competitions  and  states  the 
conditions  which  are  prerequisite  to  par- 
ticipation in  them  by  Members  of  the 
American  Institute  of  Architects. 

This  Circular  does  not  apply  to  compe- 
titions for  work  to  ie  erected  elsewhere  than 
in  the  United  Slates,  its  Territories  and 
possessions. 


109 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


THE  ATTITUDE  OF  THE  AMERICAN  INSTITUTE  OF 
ARCHITECTS  TO  COMPETITIONS. 


Since  its  foundation,  more  than  fifty 
years  ago,  the  American  Institute  of  Ar- 
chitects has  given  much  attention  to  the 
conduct  of  architectural  competitions. 
These  contests,  instituted  when  the  direct 
selection  of  an  architect  could  not  be  made, 
were  for  many  years  conducted  without 
proper  regulation  and  often  in  disregard 
of  the  interests  both  of  the  owner  and  of 
the  competitors.  The  owner,  totally 
unfamiliar  with  the  intricacies  of  the  sub- 
ject, assumed,  without  skilled  assistance, 
to  prepare  the  program,  laying  down,  or 
more  frequently  ignoring,  rules  to  govern 
procedure. 

With  the  growth  of  the  country,  the 
increase  in  expenditures  for  public  and 
private  buildings,  and  the  increase  in  the 
number  of  architects,  all  the  evils  of 
ill-regulated  competitions  became  more 
marked.  Programs  varied  from  loose  and 
careless  forms,  difficult  to  understand  and 
often  open  to  the  suspicion  that  only 
the  initiated  knew  what  they  meant,  to 
over-elaborate  ones  necessitating  useless 
study  of  details  and  needless  drawings. 
Those  instituting  the  competition  often 
had  no  legal  authority  to  pay  any  com- 
petitors, still  less  to  employ  the  winner. 
There  was  great  economic  waste,  the  total 
cost  of  participation  exceeding  the  total 
net  profit  accruing  to  the  profession  from 
work  secured  through  competitions. 

Architects  have  learned  that  the  out- 
come of  a  competition,  unless  governed 
by  well-defined  agreements,  is  largely 
a  matter  of  chance.  The  owner  has,  to 
be  sure,  a  choice  of  designs,  but  he  is  no 
more  likely  to  make  the  wisest  selection 
or  to  obtain  tlie  best  building  than  if  he 
selects  his  architect  directly  guided  by 
the  results  previously  achieved  by  the 
men  he  is  considering. 


When  a  competition  is  necessary  or 
desirable  it  should  be  of  such  form  as  to 
establish  equitable  relations  between  the 
owner  and  the  competitors. 

To  insure  this: 

(i)  The  requirements  should  be  clear  and 
definite,  and  the  statement  of  them,  since 
it  must  be  in  technical  terms,  should  be 
drawn  by  one  familiar  with  such  terms. 

(2)  The  competency  of  all  competing 
should  be  assured.  The  drawings  sub- 
mitted in  a  competition  are  evidence,  only 
in  part,  of  the  ability  of  the  architect  to 
execute  the  building.  The  owner,  for  his 
own  protection,  should  admit  to  the  com- 
petition only  those  to  whom  he  would  be 
willing  to  entrust  the  work;  that  is,  to 
men.  of  known  honesty  and  competence. 

(3)  Tlie  agreement  between  the  owner 
and  the  competitors  should  be  definite,  as 
becomes  a  plain  statement  of  business 
relations. 

(4)  The  judgment  should  be  based  on 
knowledge,  and  since  ideas  presented  in  the 
form  of  drawings  are  intelligible  only  to  a 
trained  mind,  judgment  should  not  be 
rendered  until  the  owner  has  received  com- 
petent technical  advice  as  to  the  merits  of 
those  ideas. 

To  sum  up:  To  insure  the  best  results 
a  competition  should  have  (i)  a  clear 
program,  (2)  competent  competitors,  (3) 
a  business  agreement,  (4)  a  fair  judgment. 

Fifteen  years  ago  many  competitions  had 
none  of  these  provisions  and  few  had  all  of 
them.  The  commonest  form  of  competi- 
tion was  one  that  was  open  to  all,  had  a 
program  prepared  by  a  layman,  was 
judged  by  the  owner  without  professional 
assistance,  contained  no  agreement,  and 
made  no  provision  to  eliminate  the  incom- 
petent. 


no 


APPENDICES 


All  this  demanded  correction.  The  In- 
stitute,seeking  a  nieansof  reform,  perceived 
at  once  that  its  relation  to  the  owner  could 
be  only  an  advisory  one.  It  might  advise 
him  how  to  hold  a  competition,  but  it 
could  go  no  further.  To  architects  in 
general  the  Institute  could  scarcely  pre- 
sume to  olTer  even  its  advice,  but  being  a 
professional  body  charged  with  maintain- 
ing ethical  standards  among  its  own  mem- 
bers, its  duty  was  to  see  that  they  did  not 
take  part  in  competitions  that  fell  below  a 
reasonable  standard. 

It  was,  therefore,  voted  in  Convention 
of  the  Institute  that  members  should  be 
free  to  take  part  in  competitions  only  when 
their  tenns  had  received  the  approval  of 
the  Institute.  Thereupon  the  Institute 
fully  stated  the  principles  which  should 
govern  competitions  and  defined  the  con- 
ditions prerequisite  to  the  giving  of  its 
approval.  These  are  contained  in  the 
Circular  of  Advice  here  following,  which  is 
intended  as  a  guide  to  all  who  are  inter- 
ested in  competitions.  Committees  of  the 
Institute  throughout  the  Country  are 
authorized  to  give  its  approval  to  compe- 
titions when  properly  conducted,  but  un- 
less a  program  has  received  such  approval 
members  of  the  Institute  do  not  accept 
a  position  as  competitor  or  juror,  nor  does 


a  member  continue  to  act  as  professiona 
adviser  after  it  becomes  evident  that  the 
owner  will  not  pennit  his  program  to  be 
brought  into  harmony  with  the  principles 
approved   by   the   Institute. 

The  position  thus  taken  by  the  Insti- 
tute is  by  no  means  an  arbitrary  one,  since 
it  governs  the  action  of  none  but  its  own 
members.  To  the  owner  its  service  has 
been  of  great  value  in  giving  him  informa- 
tion and  useful  advice  and  in  saving  him 
from  the  delays,  cost  and  disappointment 
incident  to  the  amateur  conduct  of  a  com- 
petition. The  owner  who  disregards  the 
standard  set  by  the  Institute  finds  it  in- 
creasingly difficult  to  get  men  of  standing 
in  tlie  profession  to  enter.  He  who  raises 
his  program  to  that  standard  has  no  diffi- 
culty in  securing  the  services  of  architects 
of  the  greatest  ability. 

Even  in  the  few  years  since  the  Institute 
first  made  its  firm  stand  against  the  abuses 
of  competitions,  the  effect  of  that  action 
has  been  far  greater  than  could  have  been 
foreseen.  It  has  not  altogether  eliminated 
ill-regulated  competitions.but  it  has  greatly 
reduced  their  number,  and  it  is  safe  to  say 
that  no  competition  of  prime  importance 
is  now  conducted  except  in  accordance 
with  the  principles  stated  in  the  following 
Circular  of  Advice: 


A  CIRCULAR  OF  ADVICE  AND  INFORMATION  RELATIVE 
TO  THE  CONDUCT  OF  ARCHITECTURAL  COMPETITIONS. 


Competitions  are  instituted  to  enable 
the  owner*  to  choose  an  architect  through 
comparison  of  the  designs  submitted.  The 
American  Institute  of  Architects,  believing 
that  the  interests  of  both  owner  and  com- 
petitors are  best  served  by  fair  and  equi- 
table agreements  between  them,  issues  this 
circular  as  a  statement  of  the  principles 
which  should  underlie  such  agreements. 

The  Institute  does  not  assume  to  dic- 
tate  the  owner's  course  in  conducting  com- 

'The  person,  corporation  or  other  entity  institut- 
ing a  compctition.whcther  acting  directly  or  through 
representatives,  is  herein  called  "the  owner  " 


petitions,but  aims  to  assist  him  by  advising 
the  adoption  of  such  methods  as  experience 
has  proved  to  be  just  and  wise. 

So  important,  however,  does  the  adop- 
tion of  such  methods  appear  to  architects 
that  members  of  the  Institute  do  not  take 
part  in  competitions  except  under  condi- 
tions based  on  this  circular  and  specifically 
set  forth  in  Articles  i6  and  i8. 

I.  On  Competitions  in  General. 

A  competittion  exists  when  two  or  more 
architects  prepare  sketches  at  the  same 
time  for  the  same  project,  but  no  architect 


III 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


who  prepares  drawings  for  comparison  in 
problems  of  an  altruistic  or  educational 
nature,  where  the  problem  does  not  in- 
volve a  definite  proposed  building  opera- 
tion, shall  be  held  as  having  taken  part  in 
a  competition,  within  the  meaning  of  this 
circular  of  advice. 

2.  On  the  Employment  of  a  Profes- 

sional Adviser. 

No  competition  shall  be  instituted 
without  the  aid  of  a  competent  adviser. 
He  should  be  an  architect  of  the  highest 
standing  and  his  selection  should  be  the 
owner's  first  step.  He  must  be  chosen 
with  the  greatest  care,  as  the  success  of  the 
competition  will  depend  largely  upon  his 
experience  and  ability. 

The  expert's  advice  is  of  great  value  to 
the  owner,  for  example,  in  so  drawing  the 
program  as  to  safeguard  him  against  the 
employment  of  an  architect  who  submits 
a  design  largely  exceeding  in  cost  of  execu- 
tion the  sum  at  his  disposal,  and  in  helping 
him  to  avoid  the  disappointment,  embar- 
rassment and  litigation  which  so  often 
result  from  competitions  conducted  with- 
out expert  technical  advice. 

The  duties  of  the  expert  are  to  advise 
those  who  hold  the  competition  as  to  its 
form  and  terms,  to  draw  up  the  program, 
to  advise  in  choosing  the  competitors,  to 
answer  their  questions,  and  to  conduct  the 
competition. 

3.  On  the  Forms  of  Competition. 

The  following  forms  of  competition  are 
recognized: 

Limited.  In  this  form,  participation  is 
limited  to  a  certain  number  of  architects 
whose  names  should  be  stated  in  the  pro- 
gram and  to  any  one  of  whom  the  owner  is 
willing  to  entrust  the  work.  In  a  limited 
competition  the  competitors  may  be 
chosen  (a)  from  among  architects  whose 
ability  is  so  evident  that  no  formal  inquiry 
into  their  quaUfications  is  needed,  or  (b) 
from  among  architects  who  make  appli- 
cation accompanied  by  evidence  of  their 
education  and  experience. 


The  limited  form  has  the  advantage 
that  the  owner  and  the  professional  ad- 
viser may  meet  competitors  and  discuss 
the  terms  of  the  competition  with  them 
before  the  issuance  of  the  program.  Form 
(a)  is  the  simplest  and  most  direct  form  of 
competition. 

Open.  The  Institute  believes  that  a 
competition  open  to  all  who  wish  to  par- 
ticipate without  regard  to  their  qualifica- 
tions is  detrimental  to  the  interests  alike 
of  owner  and  of  architects.  It  will,  there- 
fore, give  its  approval  to  that  form  only 
when  conducted  in  two  stages,  since  by 
that  means  alone  it  is  possible  to  insure 
anonymity  of  submission  while  safeguard- 
ing the  owner's  interests  against  the  selec- 
tion as  winner  of  a  person  lacking  the 
qualifications  set  forth  in  Article  4  hereof. 

In  this  form  there  is  a  first  stage  open 
to  all,  in  which  the  competitive  drawings 
are  of  the  slightest  nature,  involving  only 
the  fundamental  ideas  of  the  solution. 
These  drawings  are  accompanied  by  evi- 
dence of  the  competitor's  education  and 
experience.  From  the  first  stage  a  small 
number  who  have  thus  demonstrated  their 
competence  to  design  the  work  and  to 
carry  it  successfully  into  execution  are 
chosen  to  take  part  in  a  final  and  strictly 
anonymous  stage  involving  competitive 
drawings  of  the  type  indicated  in  Article 
8  hereof. 

4.  On  the  Qualification  of  Competi- 
tors. 

The  interests  of  the  owner  may  be  seri- 
ously prejudiced  by  admitting  to  a  limited 
competition  or  to  the  second  stage  of  an 
open  competition  any  architect  who  has  not 
established  to  the  satisfaction  of  the  owner 
his  competence  to  design  and  execute  the 
work. 

It  is  sometimes  urged  that  by  admitting 
all  who  wish  to  take  part  some  unknown 
but  brilliant  designer  may  be  found.  If 
the  object  of  a  competition  were  a  set  of 
sketches,  such  reasoning  might  be  valid. 
But  sketches  give  no  evidence  that  their 
author  has  the  matured  artistic  ability  to 


112 


APPENDICES 


fulfill  their  promise,  or  that  he  has  the  tech- 
nical knowledge  necessary  to  control  the 
design  of  the  highly  complex  structure  and 
equipment  of  a  modern  building,  or  that  he 
has  executive  ability  for  large  aflairs,  or  the 
force  to  compel  the  proper  execution  of 
contracts.  Attempts  have  often  been 
made  to  defend  the  owner's  interests  by 
associating  an  architect  of  ability  with  one 
lacking  in  experience.  These  have  gener- 
ally resulted  in  failure. 

As  the  owner  should  feel  bound,  not  only 
legally,  but  in  point  of  honor,  to  retain  as 
his  architect  the  competitor  to  whom  the 
award  is  made,  it  is  essential  that  the  com- 
petitors in  a  limited  competition,  or  in  the 
second  stage  of  an  open  competition, should 
be  selected  with  the  greatest  care  in  con- 
sultation with  the  professional  adviser,  and 
that  there  should  be  included  among  them 
only  architects  in  whose  ability  and  integ- 
rity the  owner  has  absolute  confidence, 
and  to  any  one  of  whom  he  is  willing  to 
entrust  the  work. 

5.  On  the  Number  of  Competitors. 
Experience  has  demonstrated  that  the 

admission  of  many  competitors  is  detri- 
mental to  the  success  of  a  competition. 
When  there  are  many,  each  knows  that  he 
has  but  a  slight  chance  of  success,  and  he  is 
therefore  less  aroused  to  his  best  effort  than 
when  there  are  but  a  few.  As  the  owner  is 
interested  only  in  the  best  result,  he  is  ill- 
advised  to  sacrifice  quality  for  quantity. 

6.  On  Anonymity  of  Competitors. 
Absolute  and  effective  anonymity  is  a 

necessary  condition  of  a  fair  and  unbiased 
competition.  The  signing  of  drawings 
should  not  be  permitted  nor  should  they 
bear  any  motto,  device  or  distinguishing 
mark.  Drawings  and  the  accompanying 
sealed  envelopes  containing  their  authors' 
names  should  be  numbered  upon  receipt, 
the  envelopes  remaining  unopened  until 
after  the  award. 

7.  On  the  Cost  of  the  Proposed  Work. 
No  statement  of  the  intended  cost  of  the 

work  should  be  made  unless  it  has  been  as- 


certained that  the  work  as  described  in  the 
program  can  be  i)roperly  executed  within 
the  sum  named.  In  general  it  is  wiser  to 
limit  the  cubic  contents  of  the  building 
than  to  state  a  limit  of  cost. 

The  program  should  neither  require  nor 
permit  competitors  to  furnish  their  own  or 
builders'  estimates  of  the  cost  of  executing 
the  work  in  accordance  with  their  designs. 
Such  estimates  are  singularly  unreliable. 
If  the  cubage  be  properly  limited  they  are 
unnecessary. 

8.  On  the  Jury  op  Award. 

To  insure  a  wise  and  just  award  and  to 
protect  the  interests  of  both  the  owner  and 
the  competitors,  the  competitive  drawings 
should  be  submitted  to  a  jury  so  chosen  as 
to  secure  expert  knowledge  and  freedom 
from  personal  bias. 

Such  a  jury  thoroughly  understands  and 
can  explain  the  intent  of  the  drawings. 
It  discovers  from  them  their  autliors'  skill 
in  design,  arrangement  and  construction. 
Because  of  its  trained  judgment  its  advice 
as  to  the  merits  of  the  designs  submitted 
is  of  the  highest  value  to  the  owner. 

The  jury  must  consist  of  at  least  three 
members,  one  of  whom  must,  and  a  major- 
ity of  whom  should,  be  practicing  archi- 
tects. One  or  more  members  of  the  jury 
may  be  chosen  by  the  competitors. 

It  is  the  duty  of  the  jury  to  study  care- 
fully the  program  and  all  conditions  relat- 
ing to  the  problem  and  the  competition 
before  examining  the  designs  submitted; 
to  refuse  to  make  or  recommend  an  award 
in  favor  of  the  author  of  any  design  that 
does  not  fulfill  the  conditions  distinctly 
stated  as  mandatory  in  the  program;  to 
give  ample  time  to  the  careful  study  of  the 
designs;  and  to  render  a  decision  only  after 
mature  consideration.  The  jury  should 
see  to  it  that  a  copy  of  its  report  reaches 
every  competitor. 

The  professional  adviser  should  not  be 
a  member  of  the  jurj',  as  his  judgment  is 
apt  to  be  influenced  by  his  pre\-ious  study 
of  the  problem. 


"3 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


9    On  the  Competitive  Drawings. 

The  purpose  of  an  architectural  competi- 
tion is  not  to  secure  fully  developed  plans, 
but  such  evidence  of  skill  in  treating  the 
essential  elements  of  the  problem  as  will 
assist  in  the  selection  of  an  architect.  The 
drawings  should,  tlierefore,  be  as  few  in 
number  and  as  simple  in  character  as  will 
express  the  general  design  of  the  building. 
A  jury  of  experts  does  not  need  elaborate 
drawings. 

lo.  On  the  Program. 

The  program  should  contain  rules  for 
the  conduct  of  the  competition,  instruc- 
tions for  competitors  and  the  jury,  and  the 
agreement  between  the  owner  and  the 
competitors.  Uniform  conditions  for  all 
competitors  are  fundamental  to  the  proper 
conduct  of  competitions.  Lengthy  pro- 
grams and  detailed  instructions  as  to  the 
desired  accommodations  should  be  avoided 
as  they  confuse  the  problem  and  hamper 
the  competitors.  The  problem  should  be 
stated  broadly.  Its  solutions  should  be 
left  to  the  competitors. 

A  distinction  should  be  clearly  drawn  be- 
tween the  mandatory  and  the  advisory 
provisions  of  the  program,  i.  e.,  between 
those  which  if  not  met  preclude  an  award 
in  favor  of  the  author  of  a  design  so  fail- 
ing and  those  which  are  merely  optional 
or  of  a  suggestive  character.  The  manda- 
tory requirements  should  be  set  forth  in 
such  a  way  that  they  cannot  fail  to  be 
recognized  as  such.  They  should  be  as  few 
as  possible,  and  should  relate  only  to 
matters  which  cannot  be  left  to  the  dis- 
cretion of  the  competitors. 

It  is  difficult  to  summarize  briefly  the 
program,  but  it  should  at  least: 

(a)  Name  the  owner  of  the  structure 
forming  the  subject  of  the  competition,  and 
state  whether  the  owner  institutes  the  com- 
petition personally  or  through  representa- 
tives. If  the  latter,  name  the  representa- 
tives, state  how  their  authority  is  derived, 
and  define  its  scope. 

(6)  State  the  kind  of  competition  to  be 
instituted,    and    in    limited    competitions 


name  the  competitors;  or  in  open  compe 
titions,  if  the  competition  is  limited  geo- 
graphically, or  otherwise,  state  the  limits. 

(c)  Fix  a  time  and  place  for  the  receipt 
of  the  designs.  The  time  should  not  be 
altered  except  with  the  unanimous  consent 
of  the  competitors. 

{d)  Furnish  e.xact  information  as  to  the 
site. 

(e)  State  the  desired  accommodation, 
avoiding  detail. 

(/)  State  the  cost  if  it  be  fixed  or,  better, 
limit  the  cubic  contents. 

(g)  Fix  uniform  requirements  for  the 
drawings,  giving  the  number,  the  scale  or 
scales,  and  the  method  of  rendering. 

(/;)  Forbid  the  submission  of  more  than 
one  design  by  any  one  competitor. 

(j)  Provide  a  method  for  insuring  ano- 
nymity of  submission. 

ij)  Name  the  members  of  the  jury  or 
provide  for  their  selection.  Define  their 
powers  and  duties.  If  for  legal  reasons  the 
jury  may  not  make  the  final  award,  state 
such  reasons  and  in  whom  such  power  is 
vested. 

(k)  Provide  that  no  award  shall  be  made 
in  favor  of  any  design  until  the  jury  shall 
have  certified  that  it  does  not  N-iolate  any 
mandatory  requirement  of  the  program. 

(/)  Provide  that  during  the  competition 
there  shall  be  no  communication  relative 
to  it  between  any  competitor  and  the 
owner,  his  representatives  or  any  member 
of  the  jury,  and  that  any  communication 
with  the  professional  adviser  shall  be  in 
writing.  Provide  also  that  any  informa- 
tion, whether  in  answer  to  such  communi- 
cations or  not,  shall  be  given  in  writing 
simultaneously  to  all  competitors.  Set  a 
date  after  which  no  questions  will  be 
answered. 

(til)  State  the  number  and  amount  of 
payments  to  competitors. 

(«)  Provide  that  the  professional  ad- 
viser shall  send  a  report  of  the  competition 
to  each  competitor,  including  therein  the 
report  of  the  jury. 


114 


APPENDICES 


(o)  Provide  that  no  drawing  shall  be 
exhibited  or  made  public  until  after  the 
award  of  the  jury. 

ip)  Provide  for  the  return  of  unsuccess- 
ful drawings  to  their  respective  authors 
within  a  reasonable  time. 

(?)  Provide  that  nothing  original  in  any 
of  the  unsuccessful  designs  shall  be  used 
without  consent  of,  and  compensation  to 
the  author  of  the  design  in  which  it  appears 

(r)  Include  the  contract  between  the 
owner  and  the  competitors. 

(s)  Include  the  contract  between  the 
owner  and  the  architect  receiving  the 
award. 

II.  On  the  Agreement. 

An  owner  who  institutes  a  competition 
assumes  a  moral  obligation  to  retain  one 
of  the  competitors  as  his  architect.  In 
order  that  architects  invited  to  compete 
may  determine  whether  they  will  take  part 
it  is  essential  that  they  should  know  the 
terms  upon  which  the  winner  will  be  em- 
ployed ;  and  it  is  of  the  utmost  importance 
to  the  owner  that  those  terms  should  be  so 
clearly  defined  that  no  disagreement  as  to 
their  meaning  can  arise  after  the  award  is 
made.  Unless  they  be  so  defined,  delay 
is  likely  to  occur  and  disagreements  to 
arise  at  a  time  when  a  complete  under- 
standing between  owner  and  architect  is 
most  important  for  the  welfare  of  the 
work. 

Therefore,  there  must  be  included  in 
the  program  a  form  which  guarantees  the 
appointment  of  one  of  the  competitors  as 
architect  and  provides  an  agreement  opera- 
tive upon  that  appointment,  defining  his 
employment  in  terms  consonant  with  the 
best  practice.  This  must  conform  in  all 
fundamental  respects  to  the  typical  form 
of  agreement  appended  to  this  circular. 

12.  On  Payments  to  Unsuccessful  Com- 
petitors. 

In  a  limited  competition  and  in  the 
second  stage  of  an  open  competition  each 
competitor,  except  the  winner,  should  be 
paid  for  his  serx-ices. 


13-  On  Lecauitv  op  Procedure. 

It  is  highly  important  that  each  step 
taken  in  connection  with  a  competition 
and  every  provision  of  the  program  should 
be  in  consonance  with  law.  Those  charged 
with  holding  the  competition  should  know 
and  state  their  authority.  If  they  are  not 
empowered  to  bind  their  principal  by  con- 
tracts with  the  competitors,  they  should 
seek  and  receive  such  authority  before 
issuing  an  invitation. 

If  authority  cannot  legally  be  granted  to 
the  jury  to  make  the  award,  that  fact 
should  be  stated,  and  the  body  named  in 
which  such  authority  is  vested. 

14.  On  the  Conduct  op  the  Owner. 

In  order  to  maintain  absolute  impartial- 
ity toward  all  competitors,  the  owner,  his 
representatives  and  all  connected  with  the 
enterprise  should,  as  soon  as  a  professional 
adviser  has  been  appointed,  refrain  from 
holding  any  communication  in  regard  to 
the  matter  with  any  architect  except  the 
adviser  or  the  jurors.  The  meeting  with 
competitors  described  in  Article  3  is  of 
course  an  exception. 

15.  On  the  Conduct  of  Architects. 

An  architect  should  not  attempt  in  any 
way,  except  as  a  duly  authorized  competi- 
tor, to  secure  work  for  which  a  competition 
is  in  progress,  nor  should  he  attempt  to 
influence,  either  directly  or  indirectly,  the 
award  in  a  competition  in  which  he  is  a 
competitor. 

An  architect  should  not  accept  the  com- 
mission to  do  the  work  for  which  a  compe- 
tition has  been  instituted  if  he  has  acted  in 
an  advisory  capacity,  either  in  drawing  the 
program  or  making  the  award. 

An  architect  should  not  submit  in  com- 
petition a  design  which  has  not  been  pro- 
duced in  his  own  office  or  under  his  own 
direction. 

No  competitor  should  enter  into  associa- 
tion with  another  architect,  except  with 
the  consent  of  the  owner.  If  such  asso- 
ciates should  win  the  competition,  their 


"S 


THE  HANDBOOK  OF  PROFESSIONAL  PRACTICE 


association  should  continue  until  the  com- 
pletion of  the  work  thus  won. 

During  the  competition,  no  competitor 
should  hold  any  communication  relative  to 
it  with  the  owner,  his  representatives  or 
any  member  of  the  jury,  nor  should  he 
hold  any  communication  with  the  profes- 
sional adviser,  except  it  be  in  writing. 

When  an  architect  has  been  authorized 
to  submit  sketches  for  a  given  project,  no 
other  architect  should  submit  sketches  for 
it  until  the  owner  has  taken  definite  action 
on  the  first  sketches,  since,  as  far  as  the 
second  architect  is  concerned,  a  competi- 
tion is  thus  established. 

1 6.  On  the  Participation  of  Members 
OF  THE  Institute. 

Members  of  the  American  Institute  of 
Architects  do  not  take  part  as  competitors 
or  jurors  in  any  competition  the  program 
of  which  has  not  received  the  formal  ap- 
proval of  the  Institute,  nor  does  a  member 
continue  to  act  as  professional  adviser 
after  it  has  been  determined  that  the  pro- 
gram cannot  be  so  drawn  as  to  receive 
such  approval. 

17.  Committees. 

In  order  that  the  advice  of  the  Institute 
may  be  given  to  those  who  seek  it  and  that 
its  approval  may  be  given  to  programs  in 
consonance  with  its  principles,  the  Insti- 
tute maintains  the  following  committees: 

(a)  The  Standing  Committee  on  Com- 
petitions, representing  the  Institute  in  its 
relation  to  competitions  generally.  This 
committee  advises  the  subcommittees  and 
directs  their  work  and  they  report  to  it. 

(6)  A  sub-committee  for  the  territory  of 
each  Chapter,  representing  the  Institute 
in  its  relation  to  competitions  for  work  to 
be  erected  within  such  territory. 

The  President  of  the  Chapter  is  ex-officio 
chairman  of  the  sub-committee,  the  other 
members  of  which  he  appoints.  The  sub- 
committees derive  their  authority  from  the 
Institute  and  not  from  the  Chapters. 


An  appeal  from  the  decision  of  a  sub- 
committee may  be  made  to  the  Standing 
Committee.  The  Standing  Committee  may 
approve,  modify  or  annul  the  decision  of  a 
sub-committee. 

18.  The  Institute's  Approval  of  the 
Program. 

The  approval  of  the  Institute  is  not 
given  to  a  program  unless  it  meet  the 
following  essential  conditions: 

(a)  That  there  be  a  professional  adviser. 

(6)  That  the  competition  be  of  one  of 
the  forms  described  in  Article  3. 

(c)  That  the  program  contain  an  Agree- 
ment and  Conditions  of  Contract  between 
Architect  and  Owner  in  conformity  with 
those  printed  in  the  Appendix  of  this  circu- 
lar, that  it  include  no  provision  at  variance 
therewith,  that  it  contain  terms  of  pay- 
ments in  accord  with  good  practice,  and 
that  it  specifically  set  forth  the  nature  of 
expert  engineering  services  for  which  the 
architect  wiU  be  reimbursed. 

(d)  That  the  program  make  provision 
for  a  jury  of  at  least  three  persons. 

(e)  That  the  program  conform  in  all  par- 
ticulars to  the  spirit  of  this  circular. 

WTien  the  program  meets  the  above 
essential  conditions,  the  approval  of  the 
Institute  may  be  given  to  it  by  the  sub- 
committee for  the  territory  in  which  the 
work  is  to  be  erected,  or  if  there  be  no  sub- 
committee for  that  territory,  then  by  the 
Standing  Committee  on  Competitions. 

If,  for  legal  or  other  reasons,  the  Stand- 
ing Committee  deem  that  deviations  from 
the  essential  conditions  are  justified,  it  may 
give  the  approval  of  the  Institute  to  a 
program  containing  such  deviations.  Power 
to  give  approval  in  such  cases  is,  however, 
vested  only  in  the  Standing  Committee. 

The  Professional  Adviser,  when  duly 
authorized  in  writing  by  the  proper  com- 
mittee, may  print  the  Institute's  approval 
as  a  part  of  the  program  or  otherwise  com- 
municate it  to  those  invited  to  compete. 


116 


APPENDICES 


TYPICAL  FORM  OF  AGREEMENT  BETWEEN  OWNER  AND 

COMPETITORS. 


In  consideration  of  the  submission  of 
drawings  in  this  coiiiijctition  (here  insert 
the  nuinu  of  the  owni-r  or  of  the  f)ody 
duly  authoriztd  to  enter  into  contracts 
on  behalf  of  the  owner),  hereinafter 
called  the  owner,  agrees  with  the  com- 
petitors  jointly    and    severally    that   the 

owner   will,    within    days   of   the 

date  set  for  the  submission  of  drawings, 
make  an  award  of  the  commission  to 
design  and  supervise  the  work  forming 
the  subject  of  this  competition  to  one 
of  those  competitors  who  submit  drawings 
in  consonance  with  the  mandatory 
requirements  of  this  program,  and  will 
thereupon  pay  him,  on  account  of  his 
services  as  architect,  one-tenth  of  his 
total  estimated  fee  as  stated  below.  And 
further,  in  consideration  of  the  submis- 
sion of  drawings  as  aforesaid  and  the 
mutual  promises  enumerated  in  the 
subjoined  "Conditions  of  Contract  be- 
tween Architect  and  Owner,"  the  owner 
agrees  and  each  competitor  agrees,  if 
the  award  be  made  in  his  favor,  im- 
mediately to  enter  into  a  contract  con- 
taining all  the  "Conditions"  here  fol- 
lowing, and  until  such  contract  is  ex- 
ecuted to  be  bound  by  the  said  "Con- 
ditions." 

CONDITIONS  OF  CONTRACT 
BETWEEN  ARCHITECT 
AND  OWNER. 

Article  I. 

Duties  of  the  Architect. 

1.  Design. 

The  architect  is  to  design  the  entire 
building  and  its  immediate  surroundings 
and  to  design  or  direct  the  design  of  its 
constructive,  engineering  and  decorative 
work  and  its  fixed  equipment  and,  if 
further  retained,  its  movable  furniture 
and  the  treatment  of  the  remainder  of 
its  grounds. 

2.  Drawings  and  Specifications. 

The  architect  is  to  make  such  revision 
of  his  competitive  scheme  as  may  be 
necessary  to  complete  the  preliminary 
studies;  and  he  is  to  provide  drawings 
and  specifications  necessary  for  the 
conduct  of  the  work.  All  such  instru- 
ments of  service  are  and  remain  the  prop- 
erty of  the  architect. 


3.  Administration. 

The  architect  is  to  prepare  or  advise 
as  to  all  forms  connected  with  the 
making  of  proposals  and  contracts,  to 
issue  all  certificates  of  payment,  to  keep 
proper  accounts  and  generally  to  dis- 
charge the  necessary  administrative  duties 
connected  with  the  work. 

4.  Supervision. 

The  architect  is  to  supervise  the  ex- 
ecution of  all  the  work  committed  to  his 
control. 

Article  II. 
DuUes  of  the  Owner. 

1.  Payments. 

The  owner  is  to  pay  the  architect  for 

his  services  a  sum  equal  to per 

(Insert  rate) 
cent'  upon  the  cost  of  the  work.      (The 
tunes  and  amounts  of  payments  should  be 
here  stated. )t 

2.  Reimbursements. 

The  owner  is  to  reimburse  the  archi- 
tect, from  time  to  time,  the  amount  of 
expenses  necessarily  incurred  by  him  or 
his  deputies  while  traveling  in  the  dis- 
charge of  duties  connected  with  the 
work. 

3.  Service  of  Engineers. 

The  owner  is  to  reimburse  the  archi- 
tect the  cost  of  the  services  of  such 
engineers  for  heating,  mechanical  and 
electrical  work  as  are  specifically  pro- 
vided for  in  each  program.  The  selec- 
tion of  such  engineers  and  their  com- 
pensation shall  be  subject  to  the  ap- 
proval of  the  owner. 

4.  Information,  Clerk  of  the  Works,  etc. 
The  owner  is  to  give  all  information 

as  to  his  requirements;  to  pay  for  all 
necessary  surveys,  borings  and  tests, 
and  for  the  continuous  services  of  a 
clerk  of  the  works,  whose  competence 
is  approved  by  the  architect. 


*The  percentage  inserted  sliould  be  in  accord 
witli  good  practice. 

tGood  practice  has  established  the  payments  on 
account  as  follows:  Upon  completion  of  the  prelim- 
inary studies  one-fifth  of  the  total  estimated  fee  less 
the  previous  payment;  upon  completion  of  contract 
drawings  and  specifications  two-fifths  additional  of 
such  fee;  for  other  drawings,  for  supervision  and  for 
administration,  the  remainder  of  the  fee.  from  time 
to  time,  in  proportion  to  the  progress  of  the  work. 


10 


117 


Appendix-Ci 

Standard  Form  of  Covipetition  Program 


J.  I.  A.  Document  No.  115 


Standard  Form  of  Competition 

Program 


As  authorized  by  the  48th  Annual 
Convention,  19 14 


The  American  Institute  of  Architects 


Office  of  the  Secretary 
The  Octagon  House,  Washington,  D.  C. 


5-1-1Q — 1000 


118 


THE  AMERICAN  INSTITUTE  OF  ARCHITECTS 


The  following  standard  form  of  Competition  Program,  prepared  by  The  American  Institute  of  Archi- 
tects, contains  those  provisions  which  the  Institute  considers  essential  to  the  fair  and  equitable  conduct  of  a 
competition. 

The  Institute  in  no  way  assumes  or  attempts  to  dictate  an  Owner's  course  in  conducting  a  competition; 
it  claims  only  the  right  to  control  its  own  members,  and  having  found  by  experience  the  danger  to  the  interests 
of  both  Owner  and  Competitor  from  a  competition  in  which  such  provisions  are  lacking,  it  permits  no  member 
to  take  part  in  any  competition  which  does  not  meet  those  essential  conditions,  and  the  program  of  which 
has  not  been  specifically  approved. 

A  competition  should  be  of  such  form  as  to  establish  equitable  relations  between  the  Owner  and  the 
Competitor.  To  insure  this,  the  requirements  should  be  clear  and  definite;  the  competency  of  the  Competi- 
tors should  be  assured;  the  agreement  between  the  Owner  and  Competitors  should  be  definite,  as  becomes  a 
plain  statement  of  business  relations;  and  the  judgment  should  be  based  on  expert  knowledge. 

The  following  program  will,  if  adhered  to,  be  duly  approved  by  the  Institute  Sub-Committees  on  Com- 
petitions for  the  various  Chapters  of  the  Institute,  and  by  the  Standing  Committee  on  Competitions  of  the 
Institute. 

Program  of  Competition 
for 


(Insert  name  of  proposed  builcUug) 

NOTE:  Throughout  tJus  program  the  word  "Owner"  is  used  to  indicate  either  the  Owner  in  person,  or  those  to  whom  he 
has  delegated  his  powers. 

PART  I. 
1.     PROPOSED  BUILDING:  The 

(Insert  name  of  Owner) 

proposes'to  erect  a  new 

(Insert  name  of  building) 

on  the  site  at „.„ 


(Insert  location) 

2.    AUTHORITY:    The  __ 


(Insert  name  of  Owner) 

has  (delegated  to 


(Insert  name  or  names  of  individuaU) 

) 


authority  to  select  an  architect  to  prepare  the  plans  for,  and  supervise  the  erection  of  the  building. 

NOTE:  If  authority  for  erection  of  the  proposed  building  is  granted  by  act  of  legislature,  ordinance,  etc.,  it  is  desirable 
to  make  clear  the  source  of  such  authority. 

.         (2) 
119 


3 

3.  ARCHITECTURAL    ADVISER:      The    Owner    has    appointed    as    his    expert    Professional    Adviser 

(Insert  name  and  address  of  Adviser) 

to  prepare  this  program  and  to  act  as  his  Adviser  in  the  conduct  of  this  competition. 

NOTE:  No  competition  shall  be  instituted  without  the  aid  of  a  competent  adviser.  He  should  be  an  architect  of 
the  highest  standing  and  his  selection  should  be  the  Owner's  first  step.  He  should  be  chosen  with  the  greatest  care,  as  the 
success  of  the  competition  will  depend  largely  upon  his  experience  and  ability. 

The  duties  of  the  expert  are  to  advise  those  who  hold  the  competition  in  regard  to  its  form  and  terms,  to  draw  up  the 
program,  to  advise  in  choosing  the  competitors,  to  answer  inquiries  from  Competitors  and  in  general  to  direct  the  com- 
petition. 

4.  COMPETITORS:     Participation  in  this  competition  is  limited 

(I),  to  the  following  architects:.— 

(Insert  names  of  invited  competitors) 


„°j  (II)  To  such  architects  as  shall  have  made  applicafon  on  or  before _.. 

"°°  (Insert  date) 

accompanied  by  evidence  of  their  education  and  experience,  satisfactory  to  the  Owner  and  the  Professional 
Adviser.     It  is  agreed  that  the  names  of  all  those  admitted  to  the  competition  shall  be  made  public  on  or 


before.— - 

(Insert  date)- 

The  Owner  agrees  that  he  will  admit  no  one  as  a  Competitor  to  whom  he  is  not  wOling  to  award  the  com- 
mission to  erect  the  building,  in  case  of  his  success  in  the  competition. 

5.    JURY  OF  AWARD:    The  Owner  agrees  that  there  will  be  a  Jury  of  Award 

(I)  which  will  consist  of  the  following  members, _ 

(Insert  names  of  jury) 


Or  (II)  which  will  consist  of members.     Of  these,  the  Owner  has  appointed  the 

(Insert  number) 

following: 

(Insert  names  of  those  selected) 

- - - and 

the  Competitors  will  select  the  remaining  members  of  the  Jury. 

NOTE:  To  insure  a  just  and  wise  award  and  to  protect  the  interests  of  both  the  Owner  and  the  Competitors,  the 
drawings  should  be  submitted  to  a  Jury  chosen  to  secure  expert  knowledge  and  freedom  from  personal  bias.  The  Jury 
shall  consist  of  at  least  three  members,  one  of  whom  must,  and  the  majority  of  whom  should,  be  practicing  architects,  for 
example,  a  layman  and  an  architect  selected  by  the  Owner  or  the  Building  Committee,  and  an  architect  selected  by  the 
Competitors.  For  work  of  great  importance  it  is  desirable  to  increase  the  size  of  the  Jury,  adding  to  it  architects  and 
specially  qualified  laymen. 

Some  of  the  advantages  of  a  Jury  so  constituted  are  that  it  thoroughly  understands  and  can  explain  the  intent  of  the 
drawings,  and  discovers  from  them  their  author's  skill  in  design,  arrangement  and  construction.  Because  of  its  expert 
knowledge,  its  judgment  on  the  merits  of  the  designs  submitted  is  of  the  highest  value  to  the  Owner.  The  adoption  of  the 
recommendation  that  the  architectural  members  of  the  Jury  be  in  the  majority,  is  not  necessarily  a  cause  of  expense,  for 
the  reason  that  in  order  to  insure  the  proper  conduct  of  competitions,  many  architects  of  standing  are  willing,  if  the  occasion 
warrants,  to  serve  as  Jurors  without  payment,  other  than  actual  expenses. 

It  is  customary  and  desirable  that  the  Competitors  should  i^lect  one  or  more  of  tlie  architectural  members  of  the  Jury. 

It  is  not  advisable  that  the  Professional  Adviser,  who  has  drawn  up  the  program,  be  permitted  to  vote  as  a  member 
of  the  Jury,  although  he  may  with  advantage  take  part  in  the  deliberations  of  the  Jury. 

120 


6.  AUTHORITY  OF  JURY:  The  Owner  uKrcoH  tluit  the  Jury  above  named,  or  Kolected  as  above  provided, 
will  have  authority  to  make  the  award  and  that  its  decision  in  the  matter  shall  be  final.  Moreover,  this  Jury 
will  make  an  award  to  one  of  those  taking  part  in  this  competition,  unless  no  design  is  submitted  which  fulfills 
the  mandatory  requirements  of  this  prof^ram. 

The  Owner  further  agrees  to  employ  as  architect  for  the  work  as  more  fully  set  forth  hereinafter,  the  author 
of  the  design  selected  by  the  Jury  as  its  first  choice. 

NOTE:  If,  under  the  law,  authority  to  make  the  award  cannot  be  delegated  to  the  Jury,  the  following  form  should 

be  substituted  for  Section  6: 

The  Owner  agrees  that  the  Jury  above  named  or  selected  as  above  provided,  will  select  the  design  which  appears  to  it 
to  be  the  most  meritorious  and  make  a  written  report  to  the  Owner,  designating  it  by  number.  The  Owner  will  then  con- 
sider this  design  and  the  re|)ort  of  tlie  .lury  !inil  will  thereupon,  without  learning  the  id(tntity  of  the  Competitors,  select 
as  the  winner  of  tlie  Competition  the  author  of  the  design  selected  by  tlie  Jury,  unless  in  hLs  judgment  there  be  cause  to 
depart  from  such  selection,  in  which  case  he  will,  still  without  learning  the  identity  of  the  Competitors,  select  one  of  the 
other  designs  submitted  in  competition. 

The  Owner  further  agrees  that  he  will  pay  to  the  author  of  the  design  designated  as  most  meritorious  by  the  Jury, 

in  case  he  should  not  be  appointed  Architect  of  the  Building,  a  prize  of  $ 

(State  amount  of  prize) 
The  opening  of  the  envelope  containing  the  name  of  the  author  of  the  design  selected  by  the  Owner  will  automatically 
close  the  contract  between  him  and  the  Owner,  printed  as  Part  III  hereof. 

7.  EXAMINATION  OF  DESIGNS  AND  AWARD:  The  Professional  Adviser  will  examine  the  designs 
to  ascertain  whether  they  comply  with  the  mandatory  requirements  of  the  program,  and  will  report  to  the 
Jury  any  instance  of  failure  to  comply  with  these  mandatory  requirements.  The  Owner  further  agrees  that 
the  Jury  will  satisfy  itself  of  the  accuracy  of  the  report  of  the  Profe.ssional  Adviser,  and  will  place  out  of  com- 
petition and  make  no  award  to  any  design  which  does  not  comply  with  these  mandatory  requirements.  The 
Jury  will  carefully  study  the  program  and  any  modifications  thereof,  which  may  have  been  made  through 
communications  (see  Section  12),  and  will  then  consider  the  remaining  designs,  holding  at  least  two  sessions 
on  separate  days,  and  considering  at  each  session  all  the  drawings  in  competition,  and  will  make  the  award, 
and  the  classification  of  prize  winners,  if  prizes  are  given,  by  secret  ballot,  and  by  majority  vote,  before  opening 
the  envelopes  which  contain  the  names  of  the  Competitors. 

In  making  the  award  the  Jury  will  thereby  affirm  that  it  has  made  no  effort  to  learn  the  identity  of  the 
various  Competitors,  and  that  it  has  remained  in  ignorance  of  such  identity  until  after  the  award  wa.s  made. 

The  opening  of  the  envelope  containing  the  name  of  the  author  of  the  selected  design  will  automatically 
close  the  contract  between  him  and  the  Owner,  printed  as  Part  III  hereof. 

8.  REPORT  OF  THE  JURY:  The  Jury  will  make  a  full  report  which  will  state  its  reasons  for  the  selec- 
tion of  the  winning  design  and  its  reason  for  the  classification  of  the  designs  placed  next  in  order  of  merit, 
and  a  copy  of  this  report,  accompanied  by  the  names  of  prize  winners,  if  prizes  are  given,  will  be  sent  by  the 
Professional  Adviser  to  each  Competitor. 

Immediately  upon  the  opening  of  the  envelopes,  the  Professional  Adviser  will  notify  all  Competitors,  by 
wire,  of  the  result  of  the  competition. 

9.  COMPENSATION  TO  COMPETITORS:  The  Owner  agrees  to  pay  to  the  successful  competitor  within 
ten  days  of  the  judgment,  on  account  of  his  fee  for  services  as  architect,  one-tenth  of  his  total  estimated  fee. 

In  full  discharge  of  his  obligation  to  them  (in  case  prizes  or  fees  are  offered),  the  Owner  agrees: 

A.     To  pay  the  following  prizes  to  those  ranked  by  the  Jury  next  to  the  successful  design:  To  the  design 

placed  second  $ ,  to  the  design  placed  third  $ ,  to  the  design  placed  fourth 

$ ,  to  the  design  placed  fifth  $ ,  etc.,  within  ten  days  of  the  judgment, 

(or)  B.  To  pay  to  each  of  the  Competitors  invited  to  take  part  in  this  competition,  other  than  the  success- 
ful Competitor,  a  fee  of  $ within  ten  days  of  the  judgment. 

10.  EXHIBITION  OF  DRAWINGS:  It  is  agreed  that  no  drawings  shall  be  exhibited  or  made  pubUc  until 
after  the  award  of  the  Jury.  There  will  be  a  pubUc  exhibition  of  all  drawings  after  judgment,  and  all  draw- 
ings, except  those  of  the  successful  Competitor,  will  be  returned  to  their  authors  at  the  close  thereof. 

121 


11.  USE  OF  FEATURES  OF  UNSUCCESSFUL  DESIGNS:  Nothing  original  in  the  unsuccessful  designs 
shall  be  used  without  consent  of,  or  compensation  to,  the  author  of  the  design  in  which  it  appears. 

In  case  the  Owner  desires  to  make  use  of  any  individual  feature  of  an  unsuccessful  design,  the  same  may 
be  obtained  by  adequate  compensation  to  the  designer,  the  amount  of  such  compensation  to  be  determined 
in  consultation  with  the  author  and  the  Professional  Adviser. 

12.  COMMUNICATIONS:  (Mandatory)  If  any  Competitor  desires  information  of  any  kind  whatever 
in  regard  to  the  competition,  or  the  program,  he  shall  ask  for  this  information  by  anonymous  letter  addressed 
to  the  Professional  Adviser,  and  in  no  other  way,  and  a  copy  of  this  letter  and  the  answer  thereto  will  be  sent 

simultaneously  to  each  Competitor,  but  no  request  received  after 

,  (Insert  date) 

will  be  answered. 

13.  ANONYMITY  OF  DRAWINGS:  (Mandatory)  The  drawings  to  be  submitted  shall  bear  no  name 
or  mark  which  could  serve  as  a  means  of  identification,  nor  shall  any  such  name  or  mark  appear  upon  the 
wrapper  of  the  drawings,  nor  shall  any  Competitor  directly  or  indirectly  reveal  the  identity  of  his  designs, 
or  hold  communication  regarding  the  competition  with  the  Owner  or  with  any  member  of  the  Building  Com- 
mittee or  of  the  Jury,  or  with  the  Professional  Adviser,  except  as  provided  for  under  "COMMUNICATIONS." 
It  is  understood  that  in  submitting  a  design,  each  Competitor  thereby  affirms  that  he  has  complied  with  the 
foret^oing  provisions  in  regard  to  anonymity  and  agrees  that  any  violation  of  them  renders  null  and  void  this 
agreement  and  any  agreement  arising  from  it.  With  each  set  of  drawings  must  be  enclosed  a  plain,  opaque, 
sealed  envelope  without  any  superscription  or  mark  of  any  kind,  same  containing  the  name  and  address  of  the 
Competitor.  These  envelopes  shall  be  opened  by  the  Professional  Adviser  after  the  final  selection  has  been 
made,  and  preferably  in  the  presence  of  the  Jury. 

14.  DELIVERY  OF  DRAWINGS:  (Mandatory)  The  drawings  submitted  in  this  competition  shall  be 
securely  wrapped,  addressed  to  the  Professional  Adviser  at — 

in   plain   lettering  and 

(Insert  address  for  delivery  of  drawings) 

with  no  other  lettering  thereon,  and  delivered  at  this  address  not  later  than 

(Insert  date  and  hour) 

In  case  drawings  are  sent  by  express,  they  may  be  deKvered  to  an  exjjress  company  at  the  above  date  and 
hour,  in  which  case  the  express  company's  receipt,  bearing  date  and  hour,  shall  be  mailed  immediately  to  the 
Piofessional  Adviser  as  evidence  of  delivery. 


PART  II. 
15.     SITE:     The  site  of  the  building  is  as  follows 


(Insert  description  of  site,  and  provide  topographical  map  giving  dimensions,  grades,  etc.) 


NOTE:  The  site  should  be  carefully  described  and  a  survey  of  the  property  should  be  attached  and  included  as  part 
of  the  program.  Conditions  pertaining  to  the  site  and  to  neighboring  buildings  frequently  become  determining  factors 
in  a  design.     Photographs  showing  surrounding  building  and  landscape  conditions  may  with  advantage  be  included. 

16.     COST:     (Mandatory)     For  the  purpose  of  this  competition  the  cost  of  the  building  shall  be  figured 
at, cents  per  cu.  ft.,  and  the  total  thereof  figured  on  this  basis  shall  not  exceed 

(inJcrVnumbcr)  (Insert  limit  of  cost) 


122 


17.  CUBAGE:  (Mandatory)  CubaKO  shall  lie  ko  nomi)u(,c(I  uh  to  show  as  exactly  as  possible  the  actual 
volume  of  tlie  building,  culculated  from  the  finished  level  or  levels  of  the  lowest  floor  to  the  highest  points 
of  the  roofs,  and  contained  within  the  outside  surfaces  of  the  walls.  Pilasters,  cornices,  balconies  and  other 
similar  projections  shall  not  bo  included.  Porticos  with  engaged  columns  and  similar  f)rojections  shall  be 
taken  as  solids  and  figured  to  the  outer  face  of  the  columns.  When  columns  are  free  standing  one-half  of  the 
volume  of  the  porticos  shall  be  taken.  There  shall  also  be  included  in  the  cubage  the  actual  volume  of  all 
parapets,  towers,  lanterns,  doi'nicrs,  vaults,  and  other  features  adding  to  the  bulk  of  the  building,  also  the  actual 
volume  of  exterior  stei)s  above  grade.     Light  wells  of  an  area  of  less  than  400  square  feet  shall  not  be  deducted. 

In  calculating  cubage,  account  shall  be  taken  of  variations  in  the  exterior  wall  surface,  as,  for  example, 
the  projection  of  a  basement  story  beyond  the  general  line  of  the  building. 

A  figured  diagram  showing  method  adopted  in  cubing  shall  accomjjany  each  set  of  drawings. 

18.  DRAWINGS:  (Mandatory)  The  drawings  submitted  shall  be  made  according  to  the  following  list, 
at  the  scale  given,  and  rendered  as  noted;  and  no  other  drawings  than  these  shall  be  submitted: 

(Insert  HhI,  scale  and  method  of  rendering) 


NOTE:  The  drawings  submitted  should  be  the  least  number  necessary  to  set  forth  clearly  the  solution  of  the  problem 
and  the  scale  of  those  drawings  the  smallest  compatible  with  the  requirement  that  the  intention  of  each  Competitor  be  made 
clear  to  an  expert  Jury.  Where  the  number  and  scale  of  drawings  is  reduced  to  the  minimum,  and  simple  methods  of  render- 
ing imposed,  the  Competitors  are  enabled  to  devote  their  time  and  energy  to  the  study  of  the  problem,  which  is  the  serious 
business  of  a  competition,  instead  of  upon  draughtsmanship  and  rendering,  which,  when  carried  beyond  a  certain  point, 
are  of  no  value  whatever  in  determining  the  fitness  of  the  Competitors  to  handle  the  work  of  erecting  the  building  for  which 
the  competition  is  being  held. 


PART  III. 

AGREEMENT  BETWEEN  OWNER  AND  COMPETITORS. 

In  consideration  of  the  submission  of  drawings  in  this  competition,  and  the  mutual  promises  enumerated 
in  the  subjoined  "Conditions  of  Contract  between  Architect  and  Owner,"  the  Owner  agrees,  and  each  Com- 
petitor agrees  if  the  award  be  made  in  his  favor,  immediately  to  enter  into  a  contract  containing  all  the  "Con- 
ditions" here  following,  and  until  such  contract  is  executed,  to  be  boimd  by  the  said  "Conditions." 

CONDITIONS  OF  CONTRACT  BETWEEN  ARCHITECT  AND  OWNER. 

Duties  of  the  Architect. 

1.  DESIGN:  The  architect  is  to  design  the  entire  building  and  its  immediate  sm-roundings  and  is  to  design 
or  direct  the  design  of  its  constructive,  engineering  and  decorative  work  and  its  fixed  equipment  and,  if  further 
retained,  its  movable  furniture  and  the  treatment  of  the  remainder  of  its  grounds. 

2.  DRAWINGS  AND  SPECinC ATIONS :  The  architect  is  to  make  such  revision  of  his  competitive  scheme 
as  may  be  necessary  to  complete  the  preliminary  studies;  and  he  is  to  provide  drawings  and  specifications 
necessary  for  the  conduct  of  the  work.  All  such  instruments  of  service  are  and  remain  the  property  of  the 
architect. 

123 


3.  ADMINISTRATION:  The  architect  is  to  prepare  or  advise  as  to  all  forms  connected  with  the  making 
of  proposals  and  contracts,  to  issue  all  certificates  of  payment,  to  keep  proper  accounts  and  generally  to  discharge 
the  necessary  administrative  duties  connected  with  the  work. 

4.  SUPERVISION:     The  architect  is  to  supervise  the  execution  of  all  the  work  committed  to  his  control. 

Duties  of  the  Owner. 

5.  PAYMENTS:    The  Owner  is  to  pay  the  architect  for  his  services  a  sum  equal  to per  cent,  upon 

the  cost  of  the  work. 

NOTE:  The  percentage  inserted  should  be  in  accord  with  good  practice. 

The  times  and  amounts  of  payments  should  be  here  stated. 

Good  practice  has  established  the  payments  on  account  as  follows:  Upon  completion  of  the  preliminary  studies  one- 
fifth  of  the  total  estimated  fee  less  the  previous  payment;  upon  completion  of  contract  drawings  and  specifications  two- 
fifths  additional  of  such  fee;  for  other  drawings,  for  supervision  and  for  administration,  the  remainder  of  the  fee,  from  time 
to  time,  as  the  work  progresses. 

6.  REIMBURSEMENTS:  The  Owner  is  to  reimburse  the  architect,  from  time  to  time,  the  amount  of  ex- 
penses necessarily  incurred  by  him  or  his  deputies  while  travehng  in  the  discharge  of  duties  connected  with 
the  work. 

7.  SERVICE  OF  ENGINEERS :  The  Owner  is  to  reimburse  the  architect  the  cost  of  the  services  of  engineers 
for - - - 

(Insert  nature  of  work  for  which  the  Owner  agrees  that  engineers  shall  be  employed  at  his  expense) 


The  selection  of  such  engineers  and  their  compensation  shall  be  subject  to  the  approval  of  the  Owner. 

8.  INFORMATION,  CLERK  OF  THE  WORKS,  ETC.:  The  Owner  is  to  give  all  information  as  to  his 
requirements;  to  pay  for  all  necessary  surveys,  borings  and  tests,  and  for  the  continuous  services  of  a  clerk 
of  the  works  whose  competence  is  approved  by  the  architect. 


PART  IV. 

REQUIREMENTS  OF  THE  BUILDING: 

NOTE:  For  the  same  reason  that  elaborate  drawings  are  undesirable,  it  is  advisable  to  avoid  lengthy  and  detailed 
instructions  as  to  the  desired  accommodations,  as  they  confuse  the  problem  and  hamper  the  Competitors;  and  the  Owner 
loses  thereby  the  benefit  he  might  gain  in  allowing  the  Competitors  freedom  to  develop  solutions  which  they  would  not 
otherwise  be  at  liberty  to  suggest. 

It  should  be  borne  in  mind  that  either  the  cost  of  the  building,  as  determined  by  its  cubical  contents,  should  be  fixed, 
or  the  requirements  of  the  Owner  in  regard  to  the  design,  materials  of  construction,  dimensions  of  rooms,  etc.,  should  be  fixed, 
but  not  both.  If  on  the  one  hand  the  cubical  contents  and  cost  is  fixed,  it  should  be  st.ated  that  the  requirements  of  the 
Owner  must  be  adhered  to  as  closely  as  possible  by  Competitors;  if  on  the  other  hand,  the  requirements  of  the  Owner  are 
definitely  fixed,  it  may  be  stated  that  the  cubical  contents  of  each  design,  while  not  Umited,  will  be  taken  into  consideration 
in  making  the  award. 

In  case  the  sizes  of  certain  rooms,  etc.,  are  definitely  fixed,  the  word  "Mandatory"  should  be  placed  at  the  head  of  the 
paragraph  referring  to  these  rooms. 

Here  should  follow  a  list  of  rooms  required,  together  with  sizes  and  other  data  which  apply  to  the  building 
under  consideration. 

124 


Appendix  D 

Schedule  of  Charges 


A.   I.  A.   Document,  Series  A,  No.   124 


The  American  Institute  of  Architects 


Professional  Practice  of  Architects 


Details  of  Service 
to  be  Rendered 


1857 


Schedule  of  Proper 
Minimum  Charges 


1.  The  Architect's  professional  services  consist  of 
the  necessary  conferences,  the  preparation  of  pre- 
liminary studies,  working  drawings,  specifications, 
large  scale  and  full  size  detail  drawings;  the  drafting 
of  forms  of  proposals  and  contracts;  the  issuance  of 
certificates  of  payment;  the  keeping  of  accounts,  the 
general  administration  of  the  business  and  super- 
vision of  the  work,  for  which,  except  as  hereinafter 
mentioned,  the  minimum  charge,  based  upon  the 
total  cost  of  the  work  complete,  is  six  per  cent. 

2.  On  residential  work,  alterations  to  existing 
buildings,  monuments,  furniture,  decorative  and 
cabinet  work  and  landscape  architecture,  it  is  proper 
to  make  a  higher  charge  than  above  indicated. 

3.  The  Architect  is  entitled  to  compensation  for 
articles  purchased  under  his  direction,  even  though 
not  designed  by  him. 

4.  Where  the  Architect  is  not  otherwise  retained, 
consultation  fees  for  professional  advice  are  to  be 
paid  in  proportion  to  the  importance  of  the  question 
involved  and  services  rendered. 

5.  The  Architect  is  to  be  reimbursed  the  costs  of 
transportation  and  living  incurred  by  him  and  his 
assistants  while  traveling  in  discharge  of  duties  con- 
nected vsnth  the  work,  and  the  costs  of  the  services 
of  heating,  ventilating,  mechanical,  and  electrical 
engineers. 

6.  The  rate  of  percentage  arising  from  Articles  i 
and  2  hereof,  i.  e.,  the  basic  rate,  applies  when  all 
of  the  work  is  let  under  one  contract.  Should  the 
Owner  determine  to  have  certain  portions  of  the 
work  executed  under  separate  contracts,  as  the 
Architect's  burden  of  service,  expense  and  responsi- 
bility is  thereby  increased,  the  rate  in  connection 
with  such  portions  of  the  work  is  greater  (usually 
by  four  per  cent)  than  the  basic  rate.  Should  the 
Owner  determine  to  have  substantially  the  entire 
work  executed  under  separate  contracts,  then  such 
higher  rate  applies  to  the  entire  work.  In  any  event, 
however,  the  basic  rate,  without  increase,  applies  to 
contracts  for  any  portions  of  the  work  on  which  the 
Owner  reimburses  the  engineer's  fees  to  the  Architect. 


7.  If,  after  a  definite  scheme  has  been  approved 
the  Owner  makes  a  decision  which,  for  its  proper 
execution,  involves  extra  services  and  expense  for 
changes  in  or  additions  to  the  drawings,  specifica- 
tions or  other  documents;  or  if  a  contract  be  let  by 
cost  of  labor  and  materials  plus  a  percentage  or  fixed 
sum;  or  if  the  Architect  be  put  to  labor  or  expense 
by  delays  caused  by  the  Owner  or  a  contractor,  or 
by  the  delinquency  or  insolvency  of  either,  or  as  a 
result  of  damage  by  fire,  he  is  to  be  equitably  paid 
for  such  extra  service  and  expense. 

8.  Should  the  execution  of  any  work  designed  or 
specified  by  the  Architect  or  any  part  of  such  work 
be  abandoned  or  suspended,  the  Architect  is  to  be 
paid  in  accordance  with  or  in  proportion  to  the 
terms  of  Article  9  of  this  Schedule  for  the  service 
rendered  on  account  of  it,  up  to  the  time  of  such 
abandonment  or  suspension. 

9.  Whether  the  work  be  executed  or  whether  its 
execution  be  suspended  or  abandoned  in  part  or 
whole,  payments  to  the  Architect  on  his  fee  are 
subject  to  the  provisions  of  Articles  7  and  8,  made 
as  follows: 

Upon  completion  of  the  preliminary  studies,  a 
sum  equal  to  twenty  per  cent  of  the  basic  rate  com- 
puted upon  a  reasonable  estimated  cost. 

Upon  completion  of  specifications  and  general 
working  drawings  (exclusive  of  details)  a  sum  suffi- 
cient to  increase  payments  on  the  fee  to  sixty  per  cent 
of  the  rate  or  rates  of  commission  agreed  upon,  as 
influenced  by  Article  6,  computed  upon  a  reasonable 
cost  estimated  on  such  completed  specifications  and 
drawings,  or  if  bids  have  been  received,  then  com- 
puted upon  the  lowest  bona  fide  bid  or  bids. 

From  time  to  time  during  the  execution  of  work 
and  in  proportion  to  the  amount  of  ser\Mce  rendered 
by  the  Architect,  payments  are  made  until  the 
aggregate  of  all  payments  made  on  account  of  the 
fee  under  this  Article  reaches  a  sum  equal  to  the 
rate  or  rates  of  commission  agreed  upon  as  influenced 
by  Article  6,  computed  upon  the  final  cost  of  the 
work. 


(over 
1 25 


Payments  to  the  Architect,  other  than  those  on 
his  fee,  fall  due  from  time  to  time  as  his  work  is 
done  or  as  costs  are  incurred. 

No  deduction  is  made  from  the  Architect's  fee  on 
account  of  penalty,  liquidated  damages  or  other 
sums  withheld  from  payments  to  contractors. 

10.  The  Owner  is  to  furnish  the  Architect  with  a 
complete  and  accurate  survey  of  the  building  site, 
giving  the  grades  and  lines  of  streets,  pavements 
and  adjoining  properties;  the  rights,  restrictions, 
easements,  boundaries  and  contours  of  the  building 
site,  and  full  information  as  to  sewer,  water,  gas  and 
electrical  service.  The  Owner  is  to  pay  for  borings  or 
test  pits  and  for  chemical,  mechanical  or  other  tests, 
when  required. 

11.  The  Architect  endeavors  to  guard  the  Owner 
against  defects  and  deficiencies  in  the  work  of  con- 
tractors, but  does  not  guarantee  the  performance 
of  their  contracts.     The  supervision  of  an  architect 


is  to  be  distinguished  from  the  continuous  personal 
superintendence  to  be  obtained  by  the  employment 
of  a  clerk  of  the  works. 

When  authorized  by  the  Owner,  a  clerk  of  the 
works,  acceptable  to  both  Owner  and  Architect,  is 
to  be  engaged  by  the  Architect  at  a  salary  satis- 
factory to  the  Owner  and  paid  by  the  Owner,  upon 
presentation  of  the  Architect's  monthly  certificates. 

12.  When  requested  to  do  so,  the  Architect  makes 
or  procures  preliminary  estimates  on  the  cost  of  the 
work  and  he  endeavors  to  keep  the  actual  cost  of  the 
work  as  low  as  may  be  consistent  with  the  purpose 
of  the  building  and  with  proper  workmanship  and 
material,  but  no  such  estimate  can  be  regarded  as 
other  than  an  approximation. 

13.  Drawings  and  specifications,  as  instruments 
of  service,  are  the  property  of  the  Architect,  whether 
the  work  for  which  they  are  made  be  executed  or  not. 


The  words  "  Uie  cost  of  the  work,"  as  used  in  Articles  1  and  9  hereof,  are  ordinarily  to  be  interpreted  as  meaning  the  total  of  the  contract  sums  incurred 
for  the  execution  of  the  work,  not  including  Architect's  and  Engineer's  fees  or  the  s  alary  of  the  clerk  of  the  works,  but  in  certain  rare  cases,  c  g..  when  labor 
or  material  is  furnished  by  the  Owner  below  its  market  cost  or  when  old  materials  are  re-used,  the  cost  of  the  work  is  to  be  interpreted  as  the  cost  of  all 
materials  and  labor  necessary  to  complete  the  work,  as  such  cost  would  have  been  if  all  materials  had  been  new  and  if  all  labor  had  been  fully  paid  at  market 
prices  current  when  the  work  was  ordered,  plus  contractor's  profits  and  expenses. 

As  adopted  at  the  Washington  Convention,  December  15-17,  1908,  and  revised  in  form  at  the  Minneapolis 
Convention,  December  6-8,  1916. 

Ojfice  of  the  Secretary, 

The  Octagon,  Washington,  D.  C. 

February,  1917. 


126 


Appendix  E 
Standard  Form  of  Agreement  Between  Owner  and  Architect — Percentage  Basis 

THE  STANDARD   FORM  OF  AGREEiMENT  BETWEEN 
OWNER  AND  ARCHrfECT 

ISSUED    BV   THE   AMERICAN    INSTITUTE   OF   ARCIIITECTS  FOR  USE  WHEN  A 
PERCENTAGE  01'  THE  COST  OF  THE  WORK  FORMS  THE  BASIS  OP  PAYMENT. 

SECONn  EDITION — COPYRIGHT  I917  l)Y  THE  AMERICAN  INSTITUTE  OF  ARCHITECTS,  WASHINGTON,  D.  C. 


THIS  AGREEMENT  .ade.he 


day  of. in  the  year  Nineteen  Hundred  and. 

by  and  between 


hereinafter  called  the  Owner,  and. 


- hereinafter  called  the  Architect, 

WITNESSETH,  that  whereas  the  Owner  intends  to  erect._ 


NOW,  THEREFORE,  the  Owner  and  the  Architect,  for  the  considerations 
hereinafter  named,  agree  as  follows: 

The  Architect  agrees  to  perform,  for  the  above-named  work,  professional  ser- 
vices as  stated  in  Article  i  of  the  "Conditions  of  Agreement  between  Owner  and 
Architect,"  hereinafter  set  forth. 

The  Owner  agrees  to  pay  the  Architect  at  the  rate  of. 

per  cent,  hereinafter  called  the  basic  rate,  computed  and  payable  as  stated  in  the  said 
"Conditions,"  and  to  make  any  other  payments  and  reimbursements  arising  out 
of  the  said  "Conditions." 


127 


The  parties  hereto  further  agree  to  the  following: 

128 


CONDITIONS  OF  AGREEMENT  BETWEEN  OWNER  AND  ARCHITECT. 


Article  I.    The  Architect's  Services. — The 

Architect's  professional  services  consist  of  the 
necessary  conferences,  the  preparation  of  prelimi- 
nary studies,  working  drawings,  specifications, 
large  scale  and  full  size  detail  drawings;  the  draft- 
ing of  forms  of  proposals  and  contracts;  the  issu- 
ance of  certificates  of  payment;  the  keeping  of 
accounts,  the  general  administration  of  the  busi- 
ness and  supervision  of  the  work. 

2.  The  Architect's  Fee.— The  fee  payable  by 
the  Owner  to  the  Architect  for  the  performance 
of  the  above  services  is  the  percentage  hereinbefore 
defined  as  the  basic  rate,  computed  upon  the  cost 
of  the  work  in  respect  of  which  such  services  have 
been  performed,  subject,  however,  to  any  modi- 
fications growing  out  of  these  Conditions  of 
Agreement. 

3.  Reimbursements. — The  Owner  is  to  reim- 
burse the  Architect  the  costs  of  transportation 
and  living  incurred  by  him  and  his  assistants  while 
travelling  in  discharge  of  duties  connected  with 
the  work,  and  the  costs  of  the  services  of  heating, 
ventilating,  mechanical,  and  electrical  engineers. 

4.  Separate  Contracts. — The  basic  rate  as 
hereinbefore  defined  is  to  be  used  when  all  of  the 
work  is  let  under  one  contract.  Should  the  Owner 
determine  to  have  certain  portions  of  the  work 
executed  under  separate  contracts,  as  the  Archi- 
tect's burden  of  service,  expense,  and  responsi- 
bility is  thereby  increased,  the  rate  in  connection 
with  such  portions  of  the  work  shall  be  four  per 
cent  greater  than  the  basic  rate.  Should  the 
Owner  determine  to  have  substantially  the  entire 
work  executed  under  separate  contracts,  then  such 
higher  rate  shall  apply  to  the  entire  work.  In 
any  event,  however,  the  basic  rate  shall,  without 
increase,  apply  to  contracts  for  any  portions  of 
the  work  on  which  the  Owner  reimburses  the 
Engineer's  fees  to  the  Architect,  and  to  the  cost 
of  articles  not  designed  by  the  Architect  but 
purchased  under  his  direction. 

5.  Extra  Services  and  Special  Cases. — ^If  after 
a  definite  scheme  has  been  approved,  the  Owner 
makes  a  decision  which,  for  its  proper  execution, 
involves  extra  services  and  expense  for  changes 
in  or  additions  to  the  drawings,  specifications  or 
other  documents;  or  if  a  contract  be  let  by  cost 
of  labor  and  material  plus  a  percentage  or  fixed 
sum;  or  if  the  Architect  is  put  to  labor  or  expense 
by  delays  caused  by  the  Owner  or  a  contractor,  or 
by  the  delinquency  or  insolvency  of  either,  or 
as  a  result  of  damage  by  fire  he  shall  be  equitably 
paid  for  such  extra  service  and  expense. 

Should  the  execution  of  any  work  designed 
or  specified  by  the  Architect,  or  any  part  of  such 
work  be  abandoned  or  suspended,  the  Architect 
is  to  be  paid  in  accordance  with  or  in  proportion 
to  the  terms  of  Article  6  for  the  service  rendered 
on  account  of  it  up  to  the  time  of  such  abandon- 
ment or  suspension. 

6.  Payments. — Whether  the  work  be  executed 
or  whether  its  execution  be  suspended  or  aban- 


doned in  part  or  whole,  payments  to  the  Architect 
on  his  fee  are,  subject  to  the  provisions  of  Article 
5,  to  be  made  as  follows: 

Upon  completion  of  the  preliminary  studies,  a 
sum  equal  to  20%  of  the  basic  rate  computed  upon 
a  reasonable  estimated  cost. 

Upon  completion  of  specifications  and  general 
working  drawings  (exclusive  of  details)  a  sum 
sufficient  to  increase  payments  on  the  fee  to  6o% 
of  the  rate  or  rates  of  commission  arising  from  this 
agreement,  computed  upon  a  reasonable  cost  esti- 
mated on  such  completed  specifications  and  draw- 
ings, or  if  bids  have  been  received,  then  computed 
upon  the  lowest  bona  fide  bid  or  bids. 

I'"rom  time  to  time  during  the  execution  of  work 
and  in  proportion  to  the  amount  of  service  ren- 
dered by  the  Architect,  payments  shall  be  made 
until  the  aggregate  of  all  payments  made  on 
account  of  the  fee  under  this  Article,  but  not 
including  any  covered  by  the  provisions  of  Article 
5,  shall  be  a  sum  equal  to  the  rate  or  rates  of 
commission  arising  from  this  agreement,  com- 
puted upon  the  final  cost  of  the  work. 

Payments  to  the  Architect,  other  than  those  on 
his  fee,  fall  due  from  time  to  time  as  his  work  is 
done  or  as  costs  are  incurred. 

JMo  deduction  shall  be  made  from  the  Architect's 
fee  on  account  of  penalty,  liquidated  damages,  or 
other  sums  withheld  from  payments  to  contractors. 

7.  The  Owner's  Decisions.— The  Owner  shall 
give  thorough  consideration  to  all  sketches,  draw- 
ings, specifications,  proposals,  contracts,  and  other 
documents  laid  before  him  by  the  Architect  and, 
whenever  prompt  action  is  necessary',  he  shall 
inform  the  Architect  of  his  decisions  in  such  reason- 
able time  as  not  to  delay  the  work  of  the  Architect 
nor  to  prevent  him  from  giving  drawings  or  in- 
structions to  contractors  in  due  season. 

8.  Sur^■ey,  Borings,  and  Tests.— The  Owner 
shall  furnish  the  Architect  with  a  complete  and 
accurate  survey  of  the  building  site,  giving  the 
grades  and  lines  of  streets,  pavements,  and  adjoin- 
ing properties;  the  rights,  restrictions,  easements, 
boundaries,  and  contours  of  the  building  site,  and 
full  information  as  to  sewer,  water,  gas,  and  elec- 
trical service.  The  Owner  is  to  pay  for  borings  or 
test  pits  and  for  chemical,  mechanical,  or  other 
tests  when  required. 

9.  Supervision  of  the  Work.— The  Architect 
will  endeavor  to  guard  the  Owner  against  defects 
and  deficiencies  in  the  work  of  contractors,  but  he 
does  not  guarantee  the  performance  of  their  con- 
tracts. The  supervision  of  an  architect  is  to  be 
distinguished  from  the  continuous  personal  super- 
intendence to  be  obtained  by  the  employment  of 
a  clerk-of-the-works. 

When  authorized  by  the  Owner,  a  clerk-of-the- 
works  acceptable  to  both  Owner  and  Architect 
shall  be  engaged  by  the  Architect  at  a  salary'  satis- 
factory to  the  Owner  and  paid  by  the  Owner,  upon 
presentation  of  the  Architect's  monthly  certificates. 


129 


no  limitation  as  to  the  vocation  of  those  admitted 
to  partnership  is  imposed. 

Except  as  above,  neither  the  Owner  nor  the 
Architect  shall  assign,  sublet  or  transfer  his  interest 
in  this  agreement  without  the  written  consent  of 
the  other. 

14.  Arbitration. — All  questions  in  dispute 
under  this  agreement  shall  be  submitted  to  arbi- 
tration at  the  choice  of  either  party. 

No  one  shall  be  nominated  or  act  as  an  arbi- 
trator who  is  in  any  way  financially  interested  in 
this  contract  or  in  the  business  affairs  of  either 
party. 

The  general  procedure  shall  conform  to  the  laws 
of  the  State  in  which  the  work  is  to  be  erected. 
Unless  otherwise  provided  by  such  laws,  the 
parties  may  agree  upon  one  arbitrator;  otherwise 
there  shall  be  three,  one  named  in  writing  by  each 
party  and  the  third  chosen  by  these  two  arbi- 
trators, or  if  they  fail  to  select  a  third  within 
ten  days,  then  he  shall  be  chosen  by  the  presiding 
officer  of  the  Bar  Association  nearest  to  the  loca- 
tion of  the  work.  Should  the  party  demanding 
arbitration  fail  to  name  an  arbitrator  witlin  ten 
days  of  his  demand,  his  right  to  arbitration  shall 
lapse.  Should  the  other  party  fail  to  choose  an 
arbitrator  within  said  ten  days,  then  such  presid- 
ing officer  shall  appoint  such  arbitrator.  Should 
either  party  refuse  or  neglect  to  supply  the  arbi- 
trators with  any  papers  or  information  demanded 
in  writing,  the  arbitrators  are  empowered  by  both 
parties  to  proceed  ex  -parte. 

The  arbitrators  shall  act  with  promptness.  If 
there  be  one  arbitrator  his  decision  shall  be  bind- 
ing; if  three,  the  decision  of  any  two  shall  be 
binding.  Such  decision  shall  be  a  condition 
precedent  to  any  right  of  legal  action,  and  wher- 
ever permitted  by  law  it  may  be  filed  in  Court  to 
carry  it  into  effect. 

The  arbitrators  shall  fix  their  own  compensa- 
tion, unless  otherwise  provided  by  agreement, 
and  shall  assess  the  costs  and  charges  of  the  arbi- 
tration upon  either  or  both  parties. 

The  award  of  the  arbitrators  must  be  in  writing 
and,  if  in  writing,  it  shall  not  be  open  to  objection 
on  account  of  the  form  of  the  proceedings  or  the 
award,  unless  otherwise  provided  by  the  laws  of 
the  State  in  which  the  work  is  to  be  erected. 

The  Owner  and  the  Architect  hereby  agree  to  the  full  performance  of  the  cove- 
nants contained  herein, 

IN  WITNESS  WHEREOF  they  have  executed  this  agreement,  the  day  and 
year  first  above  written. 

In  Presence  of 


10.  Preliminary  Estimates. — When  requested 
to  do  so,  the  Architect  will  make  or  procure  pre- 
liminary estimates  on  the  cost  of  the  work  and  he 
will  endeavor  to  keep  the  actual  cost  of  the  work 
as  low  as  may  be  consistent  with  the  purpose  of 
the  building  and  with  proper  workmanship  and 
material,  but  no  such  estimate  can  be  regarded 
as  other  than  an  approximation. 

11.  Definition  of  the  Cost  of  the  Work.— 
The  words  "the  cost  of  the  work"  as  used  in  Article 
2  and  6  hereof  are  ordinarily  to  be  interpreted  as 
meaning  the  total  of  the  contract  sums  incurred  for 
the  execution  of  the  work,  not  including  Architect's 
and  Engineer's  fees,  or  the  salary  of  the  Clerk- 
of-the-Works,  but  in  certain  rare  cases,  e.  g.,  when 
labor  or  material  is  furnished  by  the  Owner  below 
its  market  cost  or  when  old  materials  are  re-used, 
the  cost  of  the  work  is  to  be  interpreted  as  the 
cost  of  all  materials  and  labor  necessary  to  corn- 
plete  the  work,  as  such  cost  would  have  been  if 
all  materials  had  been  new  and  if  all  labor  had 
been  fully  paid  at  market  prices  current  when  the 
work  was  ordered,  plus  contractor's  profits  and 
expenses. 

12.  Ownership  of  Documents. — Drawings 
and  specifications  as  instruments  of  service  are 
the  property  of  the  Architect  whether  the  work  for 
which  they  are  made  be  executed  or  not. 

13.  Successors  and  Assignment. — The  Owner 
and  the  Architect,  each  binds  himself,  his  succes- 
sors, executors,  administrators,  and  assigns  to  the 
other  party  to  this  agreement,  and  to  the  succes- 
sors, executors,  administrators,  and  assigns  of  such 
other  party  in  respect  of  all  the  covenants  of  this 
agreement. 

The  Architect  shall  have  the  right  to  join  with 
him  in  the  performance  of  this  agreement,  any 
architect  or  architects  with  whom  he  may  in 
good  faith  enter  into  partnership  relations.  In 
case  of  the  death  or  disability  of  one  or  more 
partners,  the  rights  and  duties  of  the  Architect, 
if  a  firm,  shall  devolve  upon  the  remaining  part- 
ner or  partners  or  upon  such  firm  as  may  be 
established  by  him  or  them,  and  he,  they  or  it 
shall  be  recognized  as  the  "successor"  of  the 
Architect,  and  so  on  until  the  service  covered 
by  the  ageement  has  been  performed.  The 
Owner  shall  have  the  same  rights,  but  in  his  case 


as  to 


as  to 


130 


Appkndix  !•" 

Form  of  Agreement  Retzveen  Ozvner  and  Arcliiteci— Fee-Pius-Cost  System 

A  FORM  OF 
AGREEMENT  BETWEEN  OWNER  AND  ARCHITECT 

ON  THE  FEE-PLUS-COST  SYSTEM 

COPYRIGHT       1917      BY      THE      AMERICAN      INSTITUTE 
OF   ARCHITECrS,   THE    OCTAGON,    WASHINGTON,    D.    C. 


THIS  AGREEMENT,.. 


ide  the. 


day  of. in  the  year  Nineteen  Hundred  and. 

by  and  between _ 


hereinafter  called  the  Owner,  and 

hereinafter  called  the  Architect 

WITNESSETH,  that  whereas  the  Owner  intends  to  erect 

(Add  here  brief  description  of  scope  and  maaner  of  execution  of  work.) 


NOW,  THEREFORE,  the  Owner. and  the  Architect,  for  the  considerations 
hereinafter  named,  agree  as  follows: 

The  Architect  agrees  to  perform  for  the  above-named  work,  professional  services 
as  stated  in  Article  i  of  the  "Conditions  of  Agreement  between  Owner  and  Archi- 
tect" hereinafter  set  forth. 

The  Owner  agrees  to  pay  the  Architect  the  sum  of. 

dollars  ($ ) 

as  his  fee,  of  which 

dollars  {$ )  is  to  be  paid  in equal  installments  monthly, 

beginning ,  the  balance  to  be  paid  on  issuance  of 

final  certificate;  and  to  reimburse  the  Architect  monthly  all  costs  incurred  by  him 
in  the  performance  of  his  duties  hereunder  as  more  fully  set  forth  in  the  said 
"Conditions." 

131 


The  parties  hereto  further  agree  to  the  following: 

'32 


CONDITIONS  OF  AGREEMENT  BETWEEN  OWNER  AND  ARCHITECT. 


Article  I.  The  Architect's  Services. — The 

Architect's  professional  services  consist  of  the  nec- 
essary conferences,  the  preparation  of  preliminary 
studies,  working  drawings,  specifications,  large- 
scale  and  full-size  detail  drawings;  the  drafting  of 
forms  of  proposals  and  contracts;  the  issuance  of 
certificates  of  payment;  the  keeping  of  accounts, 
the  general  administration  of  the  business  and 
supervision  of  the  work. 

2.  The  Architect's  Fee. — The  fee  payable  by 
the  Owner  to  the  Architect  for  his  personal  pro- 
fessional services  shall  be  as  named  elsewhere  in 
this  Agreement. 

In  case  of  the  abandonment  or  suspension  of  the 
work  or  of  any  part  or  parts  thereof,  the  Architect 
is  to  be  paid  in  proportion  to  the  services  rendered 
on  account  of  it  up  to  the  time  of  its  abandonment 
or  suspension,  such  proportion  being  20%  upon 
completion  of  preliminary  sketches  and  60%  upon 
completion  of  working  drawings  and  specifications. 

If  the  scope  of  the  work  or  the  manner  of  its 
execution  is  materially  changed  subserfuent  to  the 
signing  of  the  Agreement  the  fee  shall  be  adjusted 
to  fit  the  new  conditions. 

If  additional  personal  service  of  the  Architect 
is  made  necessary  by  the  delinquency  or  insol- 
vency of  either  the  Owner  or  the  Contractor,  or 
as  a  result  of  damage  by  fire,  he  shall  be  equitably 
paid  by  the  Owner  for  such  extra  service. 

3.  The  Architect's  Costs. — The  Architect 
shall  maintain  an  efficient  and  accurate  cost-keep- 
ing system  as  to  all  costs  incurred  by  him,  in  con- 
nection with  the  subject  of  this  agreement,  and  his 
accounts,  at  all  reasonable  times,  shall  be  open  to 
the  inspection  of  the  Owner  or  his  authorized  rep- 
resentatives. 

The  costs  referred  to  in  this  Article  comprise  the 
following  items: 

(a)  The  sums  paid  for  drafting,  including  verifi- 
cation of  shop  drawings,  for  specification  writing 
and  for  supervision  of  the  work. 

(b)  The  sums  paid  to  structural,  mechanical, 
electrical,  sanitary  or  other  engineers. 

(c)  The  sums  paid  for  incidental  expenses  such 
as  costs  of  transportation  or  living  incurred  by  the 
Architect  or  his  assistants  while  traveling  in  dis- 
charge of  duties  connected  with  the  work,  costs  of 
reproducing  drawings,  printing  or  mimeographing 
the  specfications,  models,  telegrams,  long  distance 
telephone  calls,  legal  advice,  expressage,  etc. 

(d)  A  proportion  of  the  general  expenses  of  the 
Architect's  office,  commonly  called  "Overhead," 
representing  items  that  cannot  be  apportioned  in 
detail  to  this  work,  such  as  rent,  light,  heat,  stenog- 
rapher's services,  postage,  drafting  materials,  tele- 
phone, accounting,  business  administration,  etc. 

It  is  agreed  that  the  charge  for  such  general  ex- 
penses shall  be per  cent 

of  item  (a)  of  this  article. 


4.  Payments.— On  or  about  the  first  day  of 
each  month  the  Architect  shall  present  to  the 
Owner  a  detailed  statement  of  the  payment  due 
on  account  of  the  fee  and  the  costs  referred  to  in 
Article  3  and  the  Owner  shall  pay  the  Architect 
the  amount  thereof. 

5.  The  Owner's  Decisions.— The  Owner  shall 
give  thorough  consideration  to  all  sketches,  draw- 
ings, specifications,  proposals,  contracts  and  other 
documents  laid  before  him  by  the  Architect  and, 
whenever  prompt  action  is  necessary,  he  shall  in- 
form the  Architect  of  his  decisions  in  such  reason- 
able time  as  not  to  delay  the  work  of  the  Architect 
nor  to  prevent  him  from  giving  drawings  or  in- 
structions to  Contractors  in  due  season. 

6.  Survey,  Borings  and  Tests. — The  Owner 
shall  furnish  the  Architect  with  a  complete  and 
accurate  survey  of  the  building  site,  giving  the 
grades  and  lines  of  streets,  pavements  and  adjoin- 
ing properties;  the  rights,  restrictions,  boundaries 
and  contours  of  the  building  site,  and  full  informa- 
tion as  to  sewer,  water,  gas  and  electrical  service. 
The  Owner  is  to  pay  for  test  borings  or  pits  and  for 
chemical,  mechanical  or  other  tests  when  required. 

7.  Supervision  of  the  Work. — The  Architect 
will  endeavor  to  guard  the  Owner  against  defects 
and  deficiencies  in  the  work  of  contractors,  but  he 
does  not  guarantee  the  performance  of  their  con- 
tracts. The  supervision  of  an  Architect  is  to  be 
distinguished  from  the  continuous  personal  super- 
intendence to  be  obtained  by  the  employment  of 
a  clerk-of-the-works. 

When  authorized  by  the  Owner,  a  clerk-of-the- 
works,  acceptable  to  both  Owner  and  Architect, 
shall  be  engaged  by  the  Architect  at  a  salary  satis- 
factory to  the  Owner  and  paid  by  the  Owner. 

8.  Preliminary  Estimates. — When  requested 
to  do  so,  the  Architect  will  make  or  procure  pre- 
liminary estimates  on  the  cost  of  the  work  and  he 
will  endeavor  to  keep  the  actual  cost  of  the  work 
as  low  as  may  be  consistent  with  the  purpose  of  the 
building  and  with  proper  workmanship  and  ma- 
terial, but  no  such  estimate  can  be  regarded  as 
other  than  an  approximation. 

9.  Ownership  of  Documents. — Drawings 
and  specifications  as  instruments  of  service  are  the 
property  of  the  Architect  whether  the  work  for 
which  they  are  made  be  executed  or  not. 

10.  Successors  and  Assignment. — The 
Owner  and  the  Architect,  each  binds  himself,  his 
successors,  executors,  administrators,  and  assigns 
to  the  other  party  to  this  agreement,  and  to  the 
successors,  executors,  administrators,  and  assigns 
of  such  other  party  in  respect  of  all  the  covenants 
of  this  Agreement. 

The  Architect  shall  have  the  right  to  join  with 
him  in  the  performance  of  this  agreement,  any 
architect  or  architects  with  whom  he  may  in  good 
faith  enter  into  partnership  relations.     In  case  of 


133 


the  death  or  disability  of  one  or  more  partners,  the 
rights  and  duties  of  the  Architect,  if  a  firm,  shall 
devolve  upon  the  remaining  partner  or  partners  or 
upon  such  firm  as  may  be  established  by  him  or 
them,  and  he,  they  or  it,  shall  be  recognized  as  the 
"successor"  of  the  Architect,  and  so  on  until  the 
service  covered  by  the  agreement  has  been  per- 
formed. The  Owner  shall  have  the  same  rights, 
but  in  his  case  no  limitation  as  to  the  vocation  of 
those  admitted  to  partnership  is  imposed. 

Except  as  above,  neither  the  Owner  nor  the 
Architect  shall  assign,  sublet  or  transfer  his  inter- 
est in  this  agreement  without  the  written  consent 
of  the  other. 

11.  Arbitration. — All  questions  in  dispute 
under  this  agreement  shall  be  submitted  to  arbi- 
tration at  the  choice  of  either  party. 

No  one  shall  be  nominated  or  act  as  an  arbitra- 
tor who  is  in  any  way  financially  interested  in  this 
contract  or  in  the  business  affairs  of  either  party. 

The  general  procedure  shall  conform  to  the  laws 
of  the  State  in  which  the  work  is  to  be  erected. 
Unless  otherwise  provided  by  such  laws,  the  par- 
ties may  agree  upon  one  arbitrator;  otherwise 
there  shall  be  three,  one  named  in  writing  by  each 
party  and  the  third  chosen  by  these  two  arbitra- 
tors, or  if  they  fail  to  select  a  third  within  ten 


days,  then  he  shall  be  chosen  by  the  presiding 
officer  of  the  Bar  Association  nearest  to  the  loca- 
tion of  the  work.  Should  the  party  demanding 
arbitration  fail  to  name  an  arbitrator  within  ten 
days  of  his  demand,  his  right  to  arbitration  shall 
lapse.  Should  the  other  party  fail  to  choose  an 
arbitrator  within  said  ten  days,  then  such  presid- 
ing officer  shall  appoint  such  arbitrator.  Should 
either  party  refuse  or  neglect  to  supply  the  arbi- 
trators with  any  papers  or  information  demanded 
in  writing,  the  arbitrators  are  empowered  by  both 
parties  to  proceed  ex  parte. 

The  arbitrators  shall  act  with  promptness.  If 
there  be  one  arbitrator  his  decision  shall  be  bind- 
ing; if  three,  the  decision  of  any  two  shall  be  bind- 
ing. Such  decision  shall  be  a  condition  precedent 
to  any  right  of  legal  action,  and  wherever  permit- 
ted by  law  it  may  be  filed  in  Court  to  carry  it  into 
effect. 

The  arbitrators  shall  fix  their  own  compensa- 
tion, unless  otherwise  provided  by  agreement,  and 
shall  assess  the  costs  and  charges  of  the  arbitra- 
tion upon  either  or  both  parties. 

The  award  of  the  arbitrators  must  be  in  writing 
and,  if  in  writing,  it  shall  not  be  open  to  objection 
on  account  of  the  form  of  the  proceedings  or  the 
award,  unless  otherwise  provided  by  the  laws  of 
the  State  in  which  the  work  is  to  be  errected. 


The  Owner  and  the  Architect   hereby   agree   to   the   full   performance  of  the 
covenants  contained  herein, 

IN  WITNESS  WHEREOF  they  have  executed  this  agreement,  the  day  and 
year  first  above  written. 


134 


Appendix  G 

Description  of  Fee-Plus-Cost  System 


A.  I.  A.  Document,  Series  A,  No.  i2q 


The  American  Institute  of  Architects 


The  Fee-Plus-Cost 
System  of  Charges 


1857  X 


A  Description  of  the 
Use  of  the  System 


'■''i'ccci-''^^ 


A  Circular  of  Information  Relating  to  the  Fee  Plus  Cost  System  of  Charging  for  Professional 
Services,  Issued  in  Connection  with  a  Form  of  Agreement  Between  Architect 
and  Owner,  for  Use  When  Such  a  System  is  Employed. 


General. 

A  system  under  which  the  Architect  charges  a 
fixed  professional  fee  for  his  personal  services,  and  in 
addition  charges  his  various  expenses  at  cost,  is  both 
logical  and  flexible.  When  the  study  of  a  problem  is 
started,  the  work  can  be  analyzed  with  approximate 
accuracy,  as  to  the  degree  of  personal  service  in- 
volved, and  a  sum  agreed  upon  that  is  mutually  sat- 
isfactory as  a  fee  for  the  personal,  professional  serv- 
ices of  the  Architect.  This  amount  is  guaranteed 
and  can  therefore  resonably  be  reduced  to  a  mini- 
mum. 

The  cost  of  draughting  and  other  expenses  of 
the  Architect  involved  in  the  performance  of  this 
service,  including  all  overhead  costs,  are  charged  to 
the  Owner  at  cost.  The  Owner  trusts  the  Architect 
to  expend  economically  the  money  invested  in  the 
building  and  will  be  equally  willing  to  trust  him  to 
expend  economically  and  wisely,  as  well  as  honestly, 
the  much  smaller  amount  involved  in  draughting 
and  other  costs. 

This  system  of  charging  places  the  Architect  in  a 
position  where  he  can  advise  the  Owner  on  the  invest- 
ment of  his  money  v^ithout  having  his  professional 
remuneration  in  any  way  affected  by  the  final 
amount  actually  expended.  The  adaptabilit)-  of  the 
system  to  the  work  of  public,  private,  and  corporate 
Owners  has  been  demonstrated  in  actual  practice 
for  many  years. 


Determination  of  Fee. 

The  fee  should  be  determined  according  to  the 
personal  service  demanded.  In  each  case  the  Archi- 
tect should  consider  the  intensity  of  personal  service 
to  be  required  of  him,  the  length  of  time  during  which 
such  service  is  to  be  rendered,  and  the  responsibility 
involved  in  such  service.  No  fixed  percentage  of  the 
cost  can  be  adopted  by  which  to  determine  the  fee. 
The  service  demanded  in  connection  with  a  private 
residence  will  manifestly  be  more  exacting  and 
greater  in  amount  in  proportion  to  the  expenditure 
nvolved,  than  in  connection  with  a  warehouse. 
Each  Architect  must  therefore  decide  upon  his  in- 
dividual scale  by  which  to  determine  his  fees,  which 
would  naturallj'  appro.ximate  the  amount  he  would 
expect  to  clear,  under  reasonable  conditions,  if  he 
were  w-orking  on  the  usual  percentage  basis;  taking 
into  consideration,  however,  that  the  fee  is  guaran- 
teed and  need  not  be  increased  to  take  care  of  any 
uncertain  items  of  expense,  but  rather  can  be  reduced 
to  the  resonable  minimum. 

It  is  also  to  be  borne  in  mind  that  while  the  fee 
has  been  determined  in  connection  with  an  estimated 
cost  of  the  work,  it  is  not  to  be  affected  by  any 
difference  between  this  estimate  and  the  actual  final 
cost  of  the  work.  If  the  scope  of  the  work  is  changed 
so  as  materialh'  to  increase  or  diminish  the  intensity, 
duration,  or  responsibility  of  service,  then  the  agree- 
ment with  the  Owner  should  be  modified  to  fit  the 


'J3 


new  conditions.  If  the  conditions  of  service  remain 
unchanged,  the  fee  remains  unaffected  by  the  actual 
final  cost  of  the  work.* 

Draughting. 

By  "cost  of  draughting"  is  meant  the  actual 
sums  paid  to  members  of  the  office  force,  other  than 
the  Architect  and  the  clerk-of-the-works,  for  draught- 
ing, writing  specifications  and  supervising  the  con- 
struction of  the  work. 

The  cost  of  draughting  on  any  piece  of  work  will 
have  a  varying  relation  to  the  cost  of  the  works 
dependent  on  the  character  of  the  undertaking 
[obviously  less  for  a  warehouse  than  for  a  hotel],  and 
also  dependent  on  the  Architect's  office  administra- 
tion, that  is,  the  scale  of  salaries  paid,  the  complete- 
ness or  incompleteness  of  drawings  and  specifications, 
etc.  It  can  only  be  estimated  bj^  each  Architect 
for  himself  in  the  light  of  his  own  experience. 

Charges  for  draughting  by  the  Architect  himself 
should  not  be  made  under  this  item.  The  fee  is  for 
the  personal  service  of  the  Architect.  If  it  is  his 
custom  to  do  a  considerable  amount  of  draughting, 
orif  a  particular  piece  of  work  will  involve  an  unusual 
amount  of  his  own  time  for  original  design  or  detail- 
ing, the  fee  should  be  accordingly  increased.  It  is 
not  proper  under  this  system  for  the  Architect  to 
obtain  profit  otherwise  than  from  his  professional  fee. 

Other  Costs. 

There  are  two  kinds  of  cost-items,  in  addition  to 
draughting,  connected  with  the  expenses  of  an 
Architect's  office: 

(i)  Those  items  easily  chargeable  directly  to  a 
particular  piece  of  work,  such  as  engineers,  clerk-of- 
the-works,  travel,  long  distance  telephoning,  legal 
advice,  blue-printing,  models,  etc.  These  should  be 
so  charged. 

(2)  Overhead  costs  not  easily  apportioned: 

These  overhead  costs,  such  as  rent,  light,  heat, 
stenography,  supplies,  postage,  etc.,  have  a  certain 


ogical  relation  to  the  total  cost  of  draughtsmen's, 
salaries,  which  relation  will  differ  in  different  offices, 
but  in  each  will  remain  fairly  constant.  Each  office 
should  determine  this  relation  and  in  charging  the 
draughting  to  each  job,  add  a  fixed  percentage  to 
cover  the  overhead  charges.  The  overhead  charges 
vsall  probably  vary  from  sixty  to  one  hundred  per 
cent  of  the  draughting.  If  the  Architect  as  a  general 
rule  does  most  of  his  draughting  himself,  under  the 
item  of  professional  fee,  as  noted  above,  the  overhead 
charges  may  very  likely  be  more  than  the  cost  of  the 
remaining  draughting. 

Rendering  of  Accounts. 

Under  this  system  accounts  can  be  rendered 
monthly,  each  statement  covering  a  payment  on 
account  of  the  fee,  and  reimbursement  of  costs 
incurred  during  the  previous  month.  The  various 
items  of  cost  offer  no  problems.  Payments  on 
account  of  the  fee  need  to  be  predetermined. 

Having  settled  the  fee,  it  is  well  for  the  sense  of 
security  of  the  Owner,  to  set  aside  a  sum,  reasonably 
about  twenty  per  cent  of  the  fee,  to  be  paid  on  the 
issuance  of  the  final  certificate.  The  balance  of  the 
fee  should  be  paid  in  monthly  installments  during 
the  progress  of  the  work.  For  instance,  suppose  a 
$50,000  residence  with  a  professional  fee  of  $2,000; 
duration  of  the  work  from  date  of  agreement  to  final 
certificate  estimated  at  18  months;  retained  for 
payment  on  issuance  of  final  certificate,  $400; 
balance,  $1,600,  paid  in  16  monthly  payments  of 
$100,  or  perhaps  10  monthly  payments  of  $160,  as 
conditions  might  warrant. 

Rendering  monthly  charges  against  the  fee  in  this 
way  is  advantageous  to  the  Architect,  in  that  it 
gives  him  a  steadier  income.  It  is  acceptable  to  the 
Owner  since  it  creates  a  definite  monthly  item  of 
expense  that  is  expected  in  connection  with  the  other 
monthly  expenses. 


*When  the  cost  or  scope  of  tlie  work  may  not  with  reasonable  accuracy  be  determined  in  advance  or  is  liicely  to  change, 
the  fee  may  be  a  percentage  of  the  cost  instead  of  a  fixed  amount.  It  will  then  automatically  adjust  itself  as  the  scope 
of  the  work  changes.  The  percentage  charged,  as  in  the  case  of  the  fixed  fee,  varies  according  to  the  amount  and 
character  of  service  required. 


136 


Appendix  II 

Standard  Electrical  Symbols 


THE 


STANDARD     SYMBOLS    FOl?     WIRING     PLANS 

AS  ADOITKO  AJtn  BKC(J»f Ul.M(i:i)  UT 

NATIOVAl  ElECTRlCAl  COSITRACTORS  ASSOCIATION  OF  THE  UIIED  STATES  and  THE  AMESICAN  mmVil  OF  ABCBlItClS. 


•'y  »rTb*X»t,  KU«  CiDI 


icB.  N.  y..fti>j  I 


•  ^<'r  sr  Tft*  AibstiHB  iiKiii.  «.r  ^t^kitvcu.  w**hU(U>*.  D.  c 


'mi 


® 

0 


coo 

S" 
B 


Ceiling  Outlet;  Electric  only.    Numernl  in  center  indicates  miinber  of  Stadaid  16  C.  P.  Inciailocent  Lani|». 

Ceiling  Outlet;  Combinilion.    !  indicntei  4-16  C.  P.  Standard  Incandescent  Lamps  and  2  Oia  Buraen.    If  gas  only  )H 

Bracket  Outlet;  Electric  only.    Humeral  in  center  indicates  num'uer  of  Standard  16  C.  P.  Incandescent  lamps. 

Prackel  Outlet;  Combination.    >  indicates  d-ie  C.  P.  Standard  lucandocent  Lamps  and  2  Ois  Burners.    If  gas  onJy    '-1  WS 

Wall  or  Baseboard  Hcceptacle  Outlet.     Humeral  in  center  indicates  number  of  Sundard  16  C.  P.  Incandescent  lamps. 

Floor  Outlet.    Humeral  in  center  indicates  number  of  Standard  16  C.  P.  Incandescent  Lamps. 

Outlet  for  Outdoor  Standard  or  Pedestal;  Electric  only.    Nomeral  indicates  number  of  Stand.  16  C.  P.  Inon.  lamps. 

Outlet  tor  Outdoor  Standard  or  Pedestal;  Combination.  {  indicates  e-16  C.  P.  Stand.  Incon.  lamps;  6  Oai  Bamen. 

Brop  Cord  Outlet. 

One  Light  Outlet,  for  tamp  Eeceptacle, 

Arc  Lamp  Outlet. 

Special  Outlet,  for  Lighting,  Heatii^  and  Power  Current,  as  described  in  Speciflcationi, 

Ceiling  Fan  Outlet. 

Show  as  mnny  Symbols  as  (here  are  Switches.    Or  in  cue  of  a  rery  large  group 
of  Sn-itchea,  indicate  niunber  of  Switches  by  e  Bomnn  Domenl,  thus;  S*  Tit- 
meaning  12  Single  Pole  Switches. 

Describe  Type  of  Switch  in  Spcci£caticns,  that  is, 

Flush  or  Surface,  Push  Batten  or  Suap, 


H 
8 

Da 

-© 
-® 


S.  P.  Switch  Outlet. 

D.  P.  Sttitcli  Ontkt. 

3 -Way  Switch  Outlet. 

4-Wa7  Switch  Outlet. 

Automatic  Door  Smtcb  Outlet. 

Electrolier  Switch  Outlet. 

Meter  Outlet. 

Distribution  Panel. 

Junction  or  Tull  Box. 

Motor  Outlet;  Numeral  in  ccatcr  indicates  Horse  Power. 

Motor  Control  Outlet. 

Transfonner. 

■■«■»  Main  or  Feeder  run  (^nccalcd  under  Floor. 

Main  or  Feeder  run  concealed  under  Floor  above. 
—  •■*■  Main  or  Feeder  run  exposed. 
■  — ■—  Branch  Circuit  run  concealed  under  Floor. 

-,.  ,^   Branch  Circuit  ran  concealed  under  Floor  above. 

— Branch  Circuit  run  exposed. 

— ft-—  Pole  Line. 

Riser. 

Telephone  Outlet;  Private  Service. 

Telephone. Outlet;  Public  Service. 

Bell  Outlet. 

Buizer  Outlet. 

Push  Button  Outlet;  Numeral  indicates  number  ol  Pushet. 

Annunciator;  Numeral  indicates  nuaaher  of  Points. 

Speaking  Tube. 

Watclinan  Clock  Outlet. 

Watchman  Station  Outlet. 

Master  Time  Clock  Outlet. 

Secondary  Time  Clock  Outlet. 

Door  Opener. 

Special  Outlet;  for  Signal  Systems,  as  described  in  Specificstioaf. 

Buttery  Outlet. 


\  Circuit  for  Clock,  Telephone,  Bell  or  other  Service,  ran  under  Floor,  concealed. 
'  I  Kind  of  Service  waited  ascertained  by  Symbol  to  which  line  cosaects. 

\  Circuit  for  Clock,  Telephone,  Bell  or  other  Service,  ran  cndcr  Floor  above,  concealed. 
'  (  Kind  of  Service  wanted  ascertained  by  Symbol  to  which  line  connects. 

NOTE— If  other  than  Standard  16  C.  P.  Incandescent  lamps  are  desired, 
Specifications  should  describe  capacity  of  lamp  to  be  used. 


5L'GSESIiO\S  IS  CO\'^EaiON  W1T3   STA.V 
DARD  SYMBOLS  FOR  WIRPiG  FU.HS. 

It  is  import.int  thai  ample  space  be 
allowed  for  the  installation  of  mams,  feed- 
ers, branches  and  distribution  panels. 

It  is  desirable  that  a  key  to  the  symbols 
used  accompany  all  plans. 

If  mains,  feeders,  branches  and  dii- 
tributioa  pancts  arc  ahown  on  the  plans. 
It  IS  desirable  that  they  be  designated  by 
letters  or  numberw. 

Hciehts  of  Ceatrc  of  Will  Outlets  (unlat 

otherwise  specified) 

Living*  Rooms  5'    6" 

Chambers  6'    0" 

Offices  6'    0" 

Corridors  6'     3" 

Height  of  Switches  (unless  otherwise  spec- 
ified) 

4*    0- 


Copyright  1907    f  ^^  ^'*®  National  Electrical  Contractors'  Association  of  the  United  States. 


137 


Appendix  J 

Standard  Form  of  Agreement  Between  Contractor  and  Owner — Stipulated  Sum 

THE  STANDARD  FORM  OF  AGREEMENT  BETWEEN 
CONTRACTOR  AND  OWNER 

ISSUED  BY  THE  AMERICAN  INSTITUTE  OF  ARCHITECTS  FOR  USE  WHEN  A 
STIPULATED  SUM  FORMS  THE  BASIS  OF  PAYMENT 

The  Standard  Documents  have  received  the  approval  of  the  National  Associa- 
tion of  Builders'  Exchanges,  the  National  Association  of  Master  Plumbers,  the 
National  Association  of  Sheet  Metal  Contractors  of  the  United  States,  the 
National  Electrical  Contractors'  Association  of  the  United  States,  the  National 
Association  of  Marble  Dealers,  the  Building  Granite  Quarries  Association,  the 
Building  Trades  Employers  Association  of  the  City  of  New  York,  and  the 
Heating  and  Piping  Contractors  National  Association. 

THIRD  EDITION,  COPYRIGHT  I9I5-1918  BY  THE   AMERICAN    INSTITUTE   OF   ARCHITECTS,   THE   OCTAGON,   WASHINGTON,    D.  C. 
THIS   FORM    IS   TO    BE    USED   ONLY   WITH   THE    STANDARD   GENERAL   CONDITIONS   OF  THE    CONTRACT. 

THIS  AGREEMENT  made  .he 

day  of. in  the  year  Nineteen  Hundred  and 

by  and  between 


hereinafter  called  the  Contractor,  and. 


.hereinafter  called  the  Owner, 


WITNESSETH,  that  the  Contractor  and  the  Owner  for  the  considerations 
hereinafter  named  agree  as  follows: 

Article  I.  The  Contractor  agrees  to  provide  all  the  materials  and  to  perform  all 
the  work  shown  on  the  Drawings  and  described  in  the  Specifications  entitled 

(Here  insert  the  caption  descriptive  of  the  work  as  used  in  the  Proposal.  General  Conditions.  Specifications,  and  upon  the  Drawings.) 


prepared  by.. 


acting  as,  and  in  tliese  Contract  Documents  entitled  the  Architect,  and  to  do 
everything  required  by  the  General  Conditions  of  the  (^^ontract,  the  Specifications 
and  the  Drawings. 

THIRD    EDITION,    I918 — PAGE     1 


138 


Article  2.  The  Contractor  agrees  that  the  work  under  this  Contract  shall  be 
substantially  completed _ _.. 

(Here  inicrt  the  date  or  date*  of  completion,  and  itipulatiooi  as  to  liquidated  damagei,  if  aoj.) 


Article  3.  The  Owner  agrees  to  pay  the  Contractor  in  current  funds  for  the 
performance  of  the  Contract 


--- _. {$ )    subject 

to  additions  and  deductions  as  provided  in  the  General  Conditions  of  the  Contract 
and  to  make  payments  on  account  thereof  as  provided  therein,  as  follows: 

On  or  about  the day  of  each  month _ 

per  cent  of  the  value,  proportionate  to  the  amount  of  the  Contract,  of  labor 

and  materials  incorporated  in  the  work 

up  to  the  first  day  of  that  month  as 

estimated  by  the  Architect,  less  the  aggregate  of  previous  payments.     On  sub- 
stantial completion  of  the  entire  work,  a  sum  sufficient  to  increase  the  total 

payments  to per  cent  of  the  contract  price,  and 

days  thereafter,  provided  the  work  be  fully  completed  and  the  Con- 
tract fully  performed,  the  balance  due  under  the  Contract. 


THIRD    EDITION,    igiS — PAGE    2 


Article  4.  The  Contractor  and  the  Owner  agree  that  the  General  Conditions  of 
the  Contract,  the  Specifications  and  the  Drawings,  together  with  this  Agreement, 
form  the  Contract,  and  that  they  are  as  fully  a  part  of  the  Contract,  as  if  hereto 
attached  or  herein  repeated;  and  that  the  following  is  an  exact  enumeration  of 
the  Specifications  and  Drawings: 


THIRD    EDITION,    I918 — PAGE    3 
140 


The  Contractor  and  the  Owner  for  themselves,  their  successors,  executors, 
administrators  and  assigns,  hereby  agree  to  the  full  performance  of  the  covenants 
herein  contained. 

IN  WITNESS  WHEREOF  they  have  executed  this  agreement,  the  day  and 
year  first  above  written. 


THIRD    EDITION,    I918 — PAGE    4 
141 


Appendix  K 

General  Conditions  of  the  Contract 

TITLE  PAGE 


TITLE  AND   LOCATION  OF  THE   WORK; 


NAME  AND  ADDRESS  OF  THE  OWNER 


NAME  AND  ADDRESS  OF  THE  ARCHITECT: 


TITLES  OF  DOCUMENTS  BOUND  HEREWITH 
AND  ENUMERATION  OF  DRAWINGS: 


142 


THE  GENERAL  CONUITIONS  OF  THE  CONTRACT 

Standard  Form  of  the  American  Institute  of  Architects 

Tbe  Standard  DocuinentB  have  rcc-eiTcd  the  approval  of  the  National  Aftocia- 
tioD  of  Buitdcra'  HitfatinKen.  the  National  Amujciatlon  of  Master  ritimben.  the 
National  Association  ol  Sheet  Metal  Contractors  of  the  United  States,  the 
National  Electrical  Contractors'  Association  of  the  United  States,  the  National 
Association  of  Murhle  Uculers,  the  Htiilding  Granite  Quarries  Association, 
the  BiiildinR  Trades  Kmplovers'  Association  of  tbe  City  o(  New  York,  and  tije 
Heating  and  Piping  Contractors  National  Association. 

TJimD  EDITION,  COPYRIGHT    I9IJ-I918  BY    THE    AMERICAN    INSTITUTE  OP  ARCHlTECTi, 
THE  OCTAGON,  WAIHINGION,  D.  C. 


Index  to  the  Articles  of  the  Qeneral  Conditions. 


1.  Definitions. 

2.  Documenti. 

3.  Details  and  Instructions. 

4.  Copies  Furnished. 

5.  Shop  Drawings. 

6.  Drawings  on  the  Work. 

7.  Ownership  of  Drawings. 

8.  Samples, 

9.  The  Architect's  Status. 

10.  The  Architect's  Decisions. 

11.  Foremen,  Supervision. 

II.  Materials,  Appliances,  Employees. 

13.  Inspection  of  Work. 

14,  Correction  Before  Final  Payment, 
15  D«ductions  for  Uncorrected  Work. 
16.  Correction  After  Final  Payment. 


17.  Protection  of  Work  and 

Property. 

18.  Emergencies. 

19.  Contractor's  Liability  Insurance. 

20.  Owner's  Liability  Insurance. 

21.  Fire  Insurance. 

22.  Guaranty  Bonds. 

23.  Cash  Allowances. 

24.  Changes  in  the  Work. 

25.  Claims  for  Extras. 

26.  Applications  for  Payments. 

27.  Certificates  and  Payments. 

28.  Payments  Withheld. 

29.  Liens. 

30.  F'ermits  and  Regulations. 

31.  Royalties  and  Patents. 


32.  Use  of  Premises. 

33.  Cleaning  up. 

34.  Cutting,  Patching  and  Digging. 

35.  Delays. 

36.  Owner's  Right  to  Do  Work, 

37.  Owner's  Right  to  Terminate  Contract. 

38.  Contractor  s  Right  to  Stop  Work  oi 

Terminate  Contract. 

39.  Damages, 

40.  Mutual  Responsibility  of  Contractors 

41.  Separate  Contracts. 

42.  Assignment. 

43.  Subcontracts. 

44.  Relations    of   Contractor    and    Sub- 

contractor. 

45.  Arbitration. 


Article  1.  Principles  and  Definitions. — 

(a)  The  Contract  Documents  consist  of  the  Agreement,  the  General  Conditions  of  the  Contract, 

the  Drawings  and  Specifications,  including  all  modifications  thereof  incorporated  in 
the  documents  before  their  e.xecution.     These  form  the  Contract. 

(b)  The  Owner,  the  Contractor  and  the  Architect  are  those  named  as  such  in  the  Agreement. 

They  are  treated  throughout  the  Contract  Documents  as  if  each  were  of  the  singular 
number  and  masculine  gender. 

(c)  The  term  Subcontractor,  as  employed  herein,  includes  only  those  having  a  direct  contract 

with  the  Contractor  and  it  includes  one  who  furnishes  material  worked  to  a  special 
design  according  to  the  plans  or  specifications  of  this  work,  but  does  not  include  one 
who  merely  furnishes  material  not  so  worked. 

(d)  Written  notice  shall  be  deemed  to  have  been  duly  served  if  delivered  in  person  to  the  indi- 

vidual or  to  a  member  of  the  firm  or  to  an  officer  of  the  corporation  for  whom  it  it 
intended,  or  if  delivered  at  or  sent  by  registered  mail  to  the  last  business  address  known 
to  him  who  gives  the  notice. 

(e)  The  term  "work"  of  the  Contractor  or  Subcontractor  includes  labor  or  materials  or  both. 

(f)  All  time  limits  stated  in  the  Contract  Documents  are  of  the  essence  of  the  contract. 

(g)  The  law  of  the  place  of  building  shall  govern  the  construction  of  this  contract. 

Art.  2.  Execution,  Correlation  and  Intent  of  Documents. — The  Contract  Documents 
shall  be  signed  in  duplicate  by  the  Owner  and  Contractor.  In  case  of  failure  to  sign  the  General 
Conditions,  Drawings  or  Specifications  the  Architect  shall  identify  them. 

The  Contract  Documents  are  complementary,  and  what  is  called  for  by  any  one  shall  be  as 
binding  as  if  called  for  by  all.  The  intention  of  the  documents  is  to  include  all  labor  and  materials 
reasonably  necessary  for  the  proper  execution  of  the  work.  It  is  not  intended,  however,  that 
materials  or  work  not  covered  by  or  properly  inferable  from  any  heading,  branch,  class  or  trade 
of  the  specifications  shall  be  supplied  unless  distinctly  so  noted  on  the  drawings.  Materials  or 
work  described  in  words  which  so  applied  have  a  well  known  technical  or  trade  meaning  shall  be 
held  to  refer  to  such  recognized  standards. 

Art.  3.  Detail  Drawings  and  Instructions.— The  Architect  shall  furnish,  with  reasonable 
promptness,  additional  instructions,  by  means  of  drawings  or  otherwise,  necessary  for  the  proper 


THIRD    EDITION,    I918 — PAGE    I 


e-25  20—10.000 


143 


execution  of  the  work.  All  such  drawings  and  instructions  shall  be  consistent  with  the  Contract 
Documents,  true  developments  thereof,  and  reasonably  inferable  therefrom.  The  work  shall 
be  executed  in  conformity  therewith  and  the  Contractor  shall  do  no  work  without  proper  drawings 
and  instructions.  In  giving  such  additional  instructions,  the  Architect  shall  have  authority  to 
make  minor  changes  in  the  work,  not  involving  extra  cost,  and  not  inconsistent  with  the  purposes 
of  the  building. 

The  Contractor  and  the  Architect,  if  either  so  requests,  shall  jointly  prepare  a  schedule, 
subject  to  change  from  time  to  time  in  accordance  with  the  progress  of  the  work,  fixing  the  dates 
at  which  the  various  detail  drawings  will  be  required,  and  the  Architect  shall  furnish  them  in 
accordance  with  that  schedule.  Under  like  conditions,  a  schedule  shall  be  prepared,  fixing  the 
dates  for  the  submission  of  shop  drawings,  for  the  beginning  of  manufacture  and  installation  of 
materials  and  for  the  completion  of  the  various  parts  of  the  work. 

Art.  4.  Copies  Furnished. — Unless  otherwise  provided  in  the  Contract  Documents  the 
Architect  will  furnish  to  the  Contractor,  free  of  charge,  all  copies  of  drawings  and  specifications 
reasonably  necessary  for  the  execution  of  the  work. 

Art.  5.  Shop  Drawings. — The  Contractor  shall  submit,  with  such  promptness  as  to  cause 
no  delay  in  his  own  work  or  in  that  of  any  other  contractor,  two  copies  of  all  shop  or  setting 
drawings  and  schedules  required  for  the  work  of  the  various  trades  and  the  Architect  shall  pass 
upon  them  with  reasonable  promptness.  The  Contractor  shall  make  any  corrections  required  by 
the  Architect,  file  with  him  two  corrected  copies  and  furnish  such  other  copies  as  may  be  needed. 
The  Architect's  approval  of  such  drawings  or  schedules  shall  not  relieve  the  Contractor  from 
responsibility  for  deviations  from  drawings  or  specifications,  unless  he  has  in  writing  called  the 
Architect's  attention  to  such  deviations  at  the  time  of  submission,  nor  shall  it  relieve  him  from 
responsibility  for  errors  of  any  sort  in  shop  drawings  or  schedules. 

Art.  6.  Drawings  and  Specifications  on  the  Work. — The  Contractor  shall  keep  one  copy 
of  al!  drawings  and  specifications  on  the  work,  in  good  order,  available  to  the  Architect  and  to  his 
representatives. 

Art.  7.  Ownership  of  Drawings  and  Models. — All  drawings,  specifications  and  copies 
thereof  furnished  by  the  Architect  are  his  property.  They  are  not  to  be  used  on  other  work  and, 
with  the  exception  of  the  signed  contract  set,  are  to  be  returned  to  him  on  request,  at  the  comple- 
tion of  the  work.     All  models  are  the  property  of  the  Owner. 

Art.  8.  Samples. — The  Contractor  shall  furnish  for  approval  all  samples  as  directed.  The 
work  shall  be  in  accordance  with  approved  samples. 

Art.  9.  The  Architect's  Status. — The  Architect  shall  have  general  supervision  and  direc- 
tion of  the  work.  He  is  the  agent  of  the  Owner  only  to  the  extent  provided  in  the  Contract 
Documents  and  when  in  special  instances  he  is  authorized  by  the  Owner  so  to  act,  and  in  such 
instances  he  shall,  upon  request,  show  the  Contractor  written  authority.  He  has  authority  to 
stop  the  work  whenever  such  stoppage  may  be  necessary  to  insure  the  proper  execution  of  the 
Contract. 

As  the  Architect  is,  in  the  first  instance,  the  interpreter  of  the  conditions  of  the  Contract  and 
the  judge  of  its  performance,  he  shall  side  neither  with  the  Owner  nor  with  the  Contractor,  but 
shall  use  his  powers  under  the  contract  to  enforce  its  faithful  performance  by  both. 

In  case  of  the  termination  of  the  employment  of  the  Architect,  the  Owner  shall  appoint  a 
capable  and  reputable  Architect,  whose  status  under  the  contract  shall  be  that  of  the  former 
Architect. 

Art.  10.  The  Architect's  Decisions. — The  Architect  shall,  within  a  reasonable  time,  make 
decisions  on  all  claims  of  the  Owner  or  Contractor  and  on  all  other  matters  relating  to  the  execu- 
tion and  progress  of  the  work  or  the  interpretation  of  the  Contract  Documents. 

The  Architect's  decisions,  in  matters  relating  to  artistic  effect,  shall  be  final,  if  within  the 
terms  of  the  Contract  Documents. 

Except  as  above  or  as  otherwise  expressly  provided  in  these  General  Conditions  or  in  the 
specifications,  all  the  Architect's  decisions  are  subject  to  arbitration. 

Art.  II.  Foreman,  Supervision. — The  Contractor  shall  keep  on  his  work,  during  its 
progress,  a  competent  foreman  and  any  necessary  assistants,  all  satisfactory  to  the  Architect. 
The  foreman  shall  not  be  changed  except  with  the  consent  of  the  Architect,  unless  the  foreman 
proves  to  be  unsatisfactory  to  the  Contractor  and  ceases  to  be  in  his  employ.     The  foreman  shall 

THIRD    EDITION,    I918 — PAGE    2 


144 


represent  the  Contractor  in  his  absence  and  all  directions  given  to  him  shall  be  as  binding  as  it 
given  to  the  Contractor.  Important  directions  shall  be  confirmed  in  writing  to  the  Contractor. 
Other  directions  shall  be  so  confirmed  on  written  request  in  each  case. 

The  Contractor  shall  give  efficient  supervision  to  the  work,  usinc  his  best  skill  and  attention. 
He  shall  carefully  study  and  compare  all  drawings,  specifications  and  other  instructions  and  shall 
at  once  report  to  the  Architect  any  error,  inconsistency  or  omission  which  he  may  discover. 

Art.  12.  Materials,  Appliances,  Employees. — Unless  otherwise  stipulated,  the  Con- 
tractor shall  provide  and  pay  for  all  materials,  labor,  water,  tools,  equipment,  light  and  power 
necessary  for  the  execution  of  the  work. 

Unless  otherwise  specified,  all  materials  shall  be  new  and  both  workmanship  and  materials 
shall  be  of  good  quality.  The  Contractor  shall,  if  required,  furnish  satisfactory  evidence  as  to 
the  kind  and  quality  of  materials. 

The  Contractor  shall  not  employ  on  the  work  any  unfit  person  or  anyone  not  skilled  in  the 
work  assigned  to  him. 

Art.  13.  Inspection  of  Work. — The  Owner,  the  Architect  and  their  representatives  shall 
at  all  times  have  access  to  the  work  wherever  it  is  in  preparation  or  progress  and  the  Contractor 
shall  provide  proper  facilities  for  such  access  and  for  inspection. 

If  the  specifications,  the  Architect's  instructions,  laws,  ordinances  or  any  public  authority 
require  any  work  to  be  specially  tested  or  approved,  the  Contractor  shall  give  the  Architect  timely 
notice  of  its  readiness  for  inspection,  and  if  the  inspection  is  by  another  authority  than  the  Archi- 
tect, of  the  date  fixed  for  such  inspection.  Inspections  by  the  Architect  shall  be  promptly  made. 
If  any  such  work  should  be  covered  up  without  approval  or  consent  of  the  Architect,  it  must,  if 
required  by  the  Architect,  be  uncovered  for  examination  at  the  Contractor's  expense. 

Re-examination  of  questioned  work  may  be  ordered  by  the  Architect.  If  such  work  be  found 
in  accordance  with  the  contract,  the  Owner  shall  pay  the  cost  of  re-examination  and  replacement. 
If  such  work  be  found  not  in  accordance  with  the  contract,  through  the  fault  of  the  Contractor, 
the  Contractor  shall  pay  such  cost,  unless  he  shall  show  that  the  defect  in  the  work  was  caused 
by  another  contractor,  and  in  that  event  the  Owner  shall  pay  such  cost. 

Art.  14.  Correction  of  Work  Before  Final  Payment. — The  Contractor  shall  promptly 
remove  from  the  premises  all  materials  condemned  by  the  Architect  as  failing  to  conform  to  the 
Contract,  whether  incorporated  in  the  work  or  not,  and  the  Contractor  shall  promptly  replace 
and  re-execute  his  own  work  in  accordance  with  the  Contract  and  without  expense  to  the  Owner 
and  shall  bear  the  expense  of  making  good  all  work  of  other  contractors  destroyed  or  damaged  by 
such  removal  or  replacement. 

If  the  Contractor  does  not  remove  such  condemned  work  and  materials  within  a  reasonable 
time,  fixed  by  written  notice,  the  Owner  may  remove  them  and  may  store  the  material  at  the 
expense  of  the  Contractor.  If  the  Contractor  does  not  pay  the  expense  of  such  removal  within 
five  days  thereafter,  the  Owner  may,  upon  ten  days  written  notice,  sell  such  materials  at  auction 
or  at  private  sale  and  shall  account  for  the  net  proceeds  thereof,  after  deducting  all  the  costs  and 
expenses  that  should  have  been  borne  by  the  Contractor. 

Art.  15.  Deductions  for  Uncorrected  Work. — If  the  Architect  and  Owner  deem  It  inex- 
pedient to  correct  work  injured  or  done  not  in  accordance  with  the  Contract,  the  difference  in 
value  together  with  a  fair  allowance  for  damage  shall  be  deducted. 

Art.  16.   Correction  of  Work  After  Final  Payment. — Neither  the  final  certificate  nor 

Eayment  nor  any  provision  in  the  Contract  Documents  shall  relieve  the  Contractor  of  responsi- 
ility  for  faulty  materials  or  workmanship  and  he  shall  remedy  any  defects  due  thereto  and 
pay  for  any  damage  to  other  work  resulting  therefrom,  which  shall  appear  within  a  period  of  two 
years  from  the  time  of  installation.  The  Owner  shall  give  notice  of  observed  defects  with  reason- 
able promptness.   All  questions  arising  under  this  Article  shall  be  decided  under  Articles  lo  and  45. 

Art.  17.  Protection  of  Work  and  Property. — The  Contractor  shall  continuously  main- 
tain adequate  protection  of  all  his  work  from  damage  and  shall  protect  the  Owner's  property 
from  injury  arising  in  connection  with  this  Contract.  He  shall  make  good  any  such  damage  or 
injury,  except  such  as  may  be  directly  due  to  errors  in  the  Contract  Documents.  He  shall 
adequately  protect  adjacent  property  as  provided  by  law  and  the  Contract  Documents. 

Art.  18.  Emergencies. — In  an  emergency  affecting  the  safety  of  life  or  of  the  structure  or 
of  adjoining  property,  not  considered  by  the  Contractor  as  within  the  provisions  of  Article  17, 
then  the  Contractor,  without  special  instruction  or  authorization  from  the  Architect  or  Owner,  is 

THIRD   EDITION,   I918 — PAGB   3 


145 


hereby  permitted  to  act,  at  his  discretion,  to  prevent  such  threatened  loss  or  injuiy  and  he  shall 
so  act,  without  appeal,  if  so  instructed  or  authorized.  Any  compensation  claimed  to  be  due  to 
him  therefor  shall  be  determined  under  Articles  lo  and  45  regardless  of  the  limitations  in  Article 
25  and  in  the  second  paragraph  of  Article  24. 

Art.  19.  Contractor's  Liability  Insurance. — The  Contractor  shall  maintain  such  insur- 
ance as  will  protect  him  from  claims  under  workmen's  conipensation  acts  and  from  any  other 
claims  for  damages  for  personal  injury,  including  death,  which  may  arise  from  operations  under 
this  contract,  whether  such  operations  be  by  himself  or  by  any  subcontractor  or  anyone  directly 
or  indirectly  employed  by  either  of  them.  Certificates  of  such  insurance  shall  be  hied  with  the 
Owner,  if  he  so  require,  and  shall  be  subject  to  his  approval  for  adequacy  of  protection. 

Art.  20.  Owner's  Liability  Insurance. — The  Owner  shall  maintain  such  insurance  as  will 
protect  him  from  his  contingent  liability  for  damages  for  personal  injury,  including  death,  which 
may  arise  from  operations  under  this  contract. 

Art.  21.  Fire  Insurance. — The  Owner  shall  effect  and  maintain  fire  insurance  upon  the 
entire  structure  on  which  the  work  of  this  contract  is  to  be  done  and  upon  all  materials,  in  or  adja- 
cent thereto  and  intended  for  use  thereon,  to  at  least  eighty  per  cent  of  the  insurable  value  thereof. 
The  loss,  if  any,  is  to  be  made  adjustable  with  and  payable  to  the  Owner  as  Trustee  for  whom  it 
mav  concern. 

All  policies  shall  be  open  to  inspection  by  the  Contractor.  If  the  Owner  fails  to  show  them 
on  request  or  if  he  fails  to  effect  or  maintain  insurance  as  above,  the  Contractor  may  insure  his 
own  interest  and  charge  the  cost  thereof  to  the  Owner.  If  the  Contractor  is  damaged  by  failure 
of  the  Owner  to  maintain  such  insurance,  he  may  recover  under  Art.  39. 

If  required  in  writing  by  any  party  in  interest,  the  Owner  as  Trustee  shall,  upon  the  occur- 
rence of  loss,  give  bond  for  the  proper  performance  of  his  duties.  He  shall  deposit  any  money 
received  from  insurance  in  an  account  separate  from  all  his  other  funds  and  he  shall  distribute 
it  in  accordance  with  such  agreement  as  the  parties  in  interest  may  reach,  or  under  an  award  of 
arbitrators  appointed,  one  by  the  Owner,  another  by  joint  action  of  the  other  parties  in  interest, 
all  other  procedure  being  in  accordance  with  Art.  45.  If  after  loss  no  special  agreement  is  made, 
replacement  of  injured  work  shall  be  ordered  under  Art.  24. 

The  Trustee  shall  have  power  to  adjust  and  settle  any  loss  with  the  insurers  unless  one  of  the 
contractors  interested  shall  object  in  writing  within  three  working  days  of  the  occurrence  of  loss 
and  thereupon  arbitrators  shall  be  chosen  as  above.  The  Trustee  shall  in  that  case  make  settle- 
ment with  the  insurers  in  accordance  with  the  directions  of  such  arbitrators,  who  shall  also,  if 
distribution  by  arbitration  is  required,  direct  such  distribution. 

Art.  22.  Guaranty  Bonds. — The  Owner  shall  have  the  right  to  require  the  Contractor  to 
furnish  bond  covering  the  faithful  performance  of  the  contract  and  the  payment  of  all  obligations 
arising  thereunder,  in  such  form  as  the  Owner  may  prescribe  and  with  such  sureties  as  he  may 
approve.  If  such  bond  is  required  by  instructions  given  previous  to  the  receipt  of  bids,  the 
premium  shall  be  paid  by  the  Contractor;  if  subsequent  thereto,  it  shall  be  paid  by  the  Owner^ 

Art.  23.  Cash  Allowances. — The  Contractor  shall  include  in  the  contract  sum  all  allowances 
named  in  the  Contract  Documents  and  shall  cause  the  work  so  covered  to  be  done  by  such 
contractors  and  for  such  sums  as  the  Architect  may  direct,  the  contract  sum  being  adjusted  in 
conformity  therewith.  The  Contractor  declares  that  the  contract  sum  includes  such  sums  for 
expenses  and  profit  on  account  of  cash  allowances  as  he  deems  proper.  No  demand  for  expenses 
or  profit  other  than  those  included  in  the  contract  sum  shall  be  allowed.  The  Contractor  shall 
not  be  required  to  employ  for  any  such  work  persons  against  whom  he  has  a  reasonable 
objection. 

Art.  24.  Changes  in  the  Work. — The  Owner,  without  invalidating  the  contract,  may  make 
changes  by  altering,  adding  to  or  deducting  from  the  work,  the  contract  sum  being  adjusted 
accordingly.  All  such  work  shall  be  executed  under  the  conditions  of  the  original  contract  except 
that  any  claim  for  extension  of  time  caused  thereby  shall  be  adjusted  at  the  time  of  ordering  such 

change.  ,        ,       • 

Except  as  provided  in  Articles  3,  9  and  18,  no  change  shall  be  made  unless  in  pursuance  of 

a  written  order  from  the  Owner  signed  or  countersigned  by  the  Architect,  or  a  written  order  from 

the  Architect  stating  that  the  Owner  has  authorized  the  change,  and  no  claim  for  an  addition  to 

the  contract  sum  shall  be  valid  unless  so  ordered. 

The  value  of  any  such  change  shall  be  determined  in  one  or  more  of  the  following  ways: 

THIRD    EDITION,    I918 — PACE    4 


146 


(a)  By  estimate  and  acceptance  in  a  lump  sum. 

(b)  By  unit  prices  named  in  the  contract  or  subsequently  agreed  upon. 

(c)  \iy  cost  and  percentage  or  by  cost  and  a  fixed  fee. 

(ii)  It  none  of  the  above  methods  is  agrttd  upon,  the  Contractor,  provided  he  receive  an  order  as 
above,  shall  proceed  with  the  work,  no  appeal  to  arbitration  beinj;  allowed  from  such 
order  to  proceed. 

In  cases  (c)  and  (d),  the  Contractor  shall  keep  and  present  in  such  form  as  the  Architect  may 
direct,  a  correct  account  of  the  net  cost  of  labor  and  materials,  together  with  vouchers.  In  any 
case,  the  Architect  shall  certify  to  the  amount,  including  a  reasonable  profit,  due  to  the  Con- 
tractor. Pending  final  determination  of  value,  payments  on  account  of  changes  shall  be  made 
on  the  Architect's  certificate. 

Art.  25.  Claims  for  Extras. —  If  the  Contractor  claims  that  any  instructions,  by  drawings 
or  otherwise,  involve  extra  cost  under  this  contract,  he  shall  give  the  Architect  written  notice 
thereof  before  proceeding  to  execute  the  woik  and,  in  any  event,  within  two  weeks  of  receiving 
such  instructions,  and  the  procedure  shall  then  be  as  provided  in  Art.  24.  No  such  claim  shall 
be  valid  unless  so  made. 

Art.  26.  Applications  for  Payments. — The  Contractor  shall  submit  to  the  Architect  an 
application  for  each  payment  and,  if  required,  receipts  or  other  vouchers  showing  his  payments 
for  materials  and  labor,  including  payments  to  subcontractors  as  required  by  Article  44. 

If  payments  are  made  on  valuation  of  work  done,  such  application  shall  be  submitted  at 
least  ten  days  before  each  payment  falls  due,  and,  if  required,  the  Contractor  shall,  before  the 
first  application,  submit  to  the  Architect  a  schedule  of  values  of  the  various  parts  of  the  work, 
including  quantities,  aggregating  the  total  sum  of  the  contract,  divided  so  as  to  facilitate  payments 
to  subcontractors  in  accordance  with  Article  44  (e),  made  out  in  such  form  and,  if  required, 
supported  by  such  evidence  as  to  its  correctness,  as  the  Architect  may  direct.  This  schedule, 
when  approved  by  the  Architect,  shall  be  used  as  a  basis  for  certificates  of  payment,  unless  it  be 
found  to  be  in  error.  In  applying  for  payments,  the  Contractor  shall  submit  a  statement  based 
upon  this  schedule  and,  if  required,  itemized  in  such  form  and  supported  by  such  evidence  as  the 
Architect  may  direct,  showing  his  right  to  the  payment  claimed. 

Art.  27.  Certificates  and  Payments. — If  the  Contractor  has  made  application  as  above, 
the  Architect  shall,  not  later  than  the  date  when  each  payment  falls  due,  issue  to  the  Contractor 
a  certificate  for  such  amount  as  he  decides  to  be  properly  due. 

No  certificate  issued  nor  payment  made  to  the  Contractor,  nor  partial  or  entire  use  or 
occupancy  of  the  work  by  the  Owner  shall  be  an  acceptance  of  any  work  or  materials  not  in 
accordance  with  this  contract.  The  making  and  acceptance  of  the  final  payment  shall  constitute 
a  waiver  of  all  claims  by  the  Owner,  otherwise  than  under  Articles  16  and  29  of  these  conditions 
or  under  requirement  of  the  specifications,  and  of  all  claims  by  the  Contractor,  except  those 
previously  made  and  still  unsettled. 

Should  the  Owner  fail  to  pay  the  sum  named  in  any  certificate  of  the  Architect  or  in  any 
award  by  arbitration,  upon  demand  when  due,  the  Contractor  shall  receive,  in  addition  to  the  sum 
named  in  the  certificate,  interest  thereon  at  the  legal  rate  in  force  at  the  place  of  building. 

Art.  28.  Payments  Withheld. — The  Architect  may  withhold  or,  on  account  of  subse- 
quently discovered  evidence,  nullify  the  whole  or  a  part  of  any  certificate  for  payment  to  such 
extent  as  may  be  necessary  to  protect  the  Owner  from  loss  on  account  of: 

(a)  Defective  work  not  remedied. 

(b)  Claims  filed  or  reasonable  evidence  indicating  probable  filing  of  claims. 

(c)  Failure  of  the  Contractor  to  make  payments  properly  to  subcontractors  or  for  material  or 

labor. 

(d)  A  reasonable  doubt  that  the  contract  can  be  completed  for  the  balance  then  unpaid. 

(e)  Damage  to  another  contractor  under  Article  40. 

When  all  the  above  grounds  are  removed  certificates  shall  at  once  be  issued  for  amounts 
withheld  because  of  them. 

Art.  29.  Liens. — Neither  the  final  payment  nor  any  part  of  the  retained  percentage  shall 
become  due  until  the  Contractor,  if  required,  shall  deliver  to  the  Owner  a  complete  release  of  all 
liens  arising  out  of  this  contract,  or  receipts  in  full  in  lieu  thereof  and,  if  required  in  either  case,  an 
affidavit  that  so  far  as  he  has  knowledge  or  information  the  releases  and  receipts  include  all  the 
labor  and  material  for  which  a  lien  could  be  filed;   but  the  Contractor  may,  if  any  subcontractor 

THIRD    EDmON,     IQlS — PAGE    J 


refuses  to  furnish  a  release  or  receipt  in  full,  furnish  a  bond  satisfactory  to  the  Owner,  to  indemnify 
him  against  any  claim  by  lien  or  otherwise.  If  any  lien  or  claim  remain  unsatisfied  after  all  pay- 
ments are  made,  the  Contractor  shall  refund  to  the  Owner  all  moneys  that  the  latter  may  be  com- 
pelled to  pay  in  discharging  such  lien  or  claim,  including  all  costs  and  a  reasonable  attorney's  fee. 

Art.  30.  Permits  and  Regulations. — The  Contractor  shall  obtain  and  pay  for  all  permits 
and  licenses,  but  not  permanent  easements,  and  shall  give  all  notices,  pay  all  fees  and  comply 
with  all  laws,  ordinances,  rules  and  regulations  bearing  on  the  conduct  of  the  work  as  drawri  and 
specified.  If  the  Contractor  observes  that  the  drawings  and  specifications  are  at  variance 
therewith,  he  shall  promptly  notify  the  Architect  in  writing,  and  any  necessary  changes  shall  be 
adjusted  under  Article  24.  If  the  Contractor  performs  any  work  knowing  it  to  be  contrary  to 
such  laws,  ordinances,  rules  and  regulations,  and  without  such  notice  to  the  Architect,  he  shall 
bear  all  costs  arising  therefrom. 

Art.  31.  Royalties  and  Patents. — The  Contractor  shall  pay  all  royalties  and  license  fees. 
He  shall  defend  all  suits  or  claims  for  infringement  of  any  patent  rights  and  shall  save  the 
Owner  harmless  from  loss  on  account  thereof,  except  that  the  Owner  shall  be  responsible  for  all 
such  loss  when  the  product  of  a  particular  manufacturer  or  manufacturers  is  specified,  but  if  the 
Contractor  has  information  that  the  article  specified  is  an  infringement  of  a  patent  he  shall  be 
responsible  for  such  loss  unless  he  promptly  gives  such  information  to  the  Architect  or  Owner. 

Art.  32.  Use  of  Premises. — The  Contractor  shall  confine  his  apparatus,  the  storage  of 
materials  and  the  operations  of  his  workmen  to  limits  indicated  by  law,  ordinances,  permits  or 
directions  of  the  Architect  and  shall  not  unreasonably  encumber  the  premises  with  his  materials. 

The  Contractor  shall  not  load  or  permit  any  part  of  the  structure  to  be  loaded  with  a  weight 
that  will  endanger  its  safety. 

The  Contractor  shall  enforce  the  Architect's  instructions  regarding  signs,  advertisements, 
fires  and  smoking. 

Art.  33.  Cleaning  Up. — The  Contractor  shall  at  all  times  keep  the  premises  free  from 
accumulations  of  waste  material  or  rubbish  caused  by  his  employees  or  work  and  at  the  comple- 
tion of  the  work  he  shall  remove  all  his  rubbish  from  and  about  the  building  and  all  his  tools, 
scaffolding  and  surplus  materials  and  shall  leave  his  work  "broom  clean"  or  its  equivalent,  unless 
more  exactly  specified.  In  case  of  dispute  the  Owner  may  remove  the  rubbish  and  charge  the 
cost  to  the  several  contractors  as  the  Architect  shall  determine  to  be  just. 

Art.  34.  Cutting,  Patching  and  Digging.— The  Contractor  shall  do  all  cutting,  fitting  or 
patching  of  his  work  that  may  be  required  to  make  its  several  parts  come  together  properly  and 
fit  it  to  receive  or  be  received  by  work  of  other  contractors  shown  upon,  or  reasonably  implied  by, 
the  Drawings  and  Specifications  for  the  completed  structure  and  he  shall  make  good  after  them, 
as  the  Architect  may  direct. 

Any  cost  caused  by  defective  or  ill-timed  work  shall  be  borne  by  the  party  responsible 
therefor.  * 

The  Contractor  shall  not  endanger  any  work  by  cutting,  digging  or  otherwise  and  shall  not 
cut  or  alter  the  work  of  any  other  contractor  save  with  the  consent  of  the  Architect. 

Art.  35.  Delays. — If  the  Contractor  be  delayed  in  the  completion  of  the  work  by  any  act  or 
neglect  of  the  Owner  or  the  Architect,  or  of  anj?  employee  of  either,  or  by  any  other  contractor 
employed  by  the  Owner,  or  by  changes  ordered  in  the  work,  or  by  strikes,  lockouts,  fire,  unusual 
delay  by  common  carriers,  unavoidable  casualties  or  any  causes  beyond  the  Contractor's  control, 
or  by  delay  authorized  by  the  Architect  pending  arbitration,  or  by  any  cause  which  the  Architect 
shall  decide  to  justify  the  delay,  then  the  time  of  completion  shall  be  extended  for  such  reason- 
able time  as  the  Architect  may  decide. 

No  such  extension  shall  be  made  for  delay  occurring  more  than  seven  days  before  claim 
therefor  is  made  in  writing  to  the  Architect.  In  the  case  of  a  continuing  cause  of  delay,  only  one 
claim  is  necessary. 

If  no  schedule  is  made  under  Art.  3,  no  claim  for  delay  shall  be  allowed  on  account  of  failure 
to  furnish  drawings  until  two  weeks  after  demand  for  such  drawings  and  not  then  unless  such 
claim  be  reasonable. 

This  article  does  not  exclude  the  recovery  of  damages  [for  delay  by  either  party  under 
article  39  or  other  provisions  in  the  contract  documents. 

Art.  36.  Owner's  Right  to  Do  Work. — If  the  Contractor  should  neglect  to  prosecute  the 
work  properly  or  fail  to  perform  any  provision  of  this  contract,  the  Owner,  after  three  days* 

THOU)   BDinON,   I918 — PAOI  6 


148 


written  notice  to  the  Contractor,  may,  without  prejudice  to  any  other  remedy  he  may  have,  make 
good  such  deficiencies  and  may  deduct  the  cost  thereof  from  the  payment  then  or  thereafter  due 
the  Contractor;  provided,  however,  that  the  Architect  shall  approve  both  such  action  and  the 
amount  charged  to  the  Contractor. 

Art.  37.  Owner's  Right  to  Terminate  Contract. — If  the  Contractor  should  be  adjudged 
a  bankrupt,  or  if  he  should  make  a  general  assignment  for  the  benefit  of  his  creditors,  or  if  a 
receiver  should  be  appointed  on  account  of  his  insolvency,  or  if  he  should,  except  in  cases  recited 
in  Article  35,  persistently  or  repeatedly  refuse  or  fail  to  supply  enough  properly  skilled  workmen 
or  proper  materials,  or  if  he  should  fail  to  make  prompt  payment  to  subcontractors  or  for  material 
or  labor,  or  persistently  disregard  laws,  ordinances  or  tne  instructions  of  the  Architect,  or  other- 
wise be  guilty  of  a  substantial  violation  of  any  provision  of  the  contract,  then  the  Owner,  upon 
the  certificate  of  the  Architect  that  sufficient  cause  exists  to  justify  such  action,  may,  without 
prejudice  to  any  other  right  or  remedy  and  after  giving  the  Contractor  seven  days'  written  notice, 
terminate  the  employment  of  the  Contractor  ana  take  possession  of  the  premises  and  of  all  mate- 
rials, tools  and  appliances  thereon  and  finish  the  work  by  whatever  method  he  may  deem  expe- 
dient. In  such  case  the  Contractor  shall  not  be  entitled  to  receive  any  further  payment  until 
the  work  is  finished.  If  the  unpaid  balance  of  the  contract  price  shall  exceed  the  expense  of 
finishing  the  work,  including  compensation  to  the  Architect  for  his  addirional  services,  such 
excess  shall  be  paid  to  the  Contractor.  If  such  expense  shall  exceed  such  unpaid  balance,  the 
Contractor  shall  pay  the  difference  to  the  Owner.  The  expense  incurred  by  the  Owner  as  herein 
provided,  and  the  damage  incurred  through  the  Contractor's  default,  shall  be  certified  by  the 
Architect. 

Art.  38.  Contractor's  Right  to  Stop  Work  or  Terminate  Contract. — If  the  work  should 
be  stopped  under  an  order  of  any  court,  or  other  public  authority,  for  a  period  of  three  months, 
through  no  act  or  fault  of  the  Contractor  or  of  any  one  employed  by  him,  or  if  the  Owner  should 
fail  to  pay  to  the  Contractor,  within  seven  days  of  its  maturity  and  presentation,  any  sum 
certified  by  the  Architect  or  awarded  by  arbitrators,  then  the  Contractor  may,  upon  three  days' 
written  notice  to  the  Owner  and  the  Architect,  stop  work  or  terminate  this  contract  and  recover 
from  the  Owner  payment  for  all  work  executed  and  any  loss  sustained  upon  any  plant  or  material 
and  reasonable  profit  and  damages. 

Art.  39.  Damages. — If  either  party  to  this  contract  should  suffer  damage  in  any  manner 
because  of  any  wrongful  act  or  neglect  of  the  other  party  or  of  any  one  employed  by  him,  then  he 
shall  be  reimbursed  by  the  other  party  for  such  damage. 

Claims  under  this  clause  shall  be  made  in  writing  to  the  party  liable  within  a  reasonable 
time  of  the  first  observance  of  such  damage  and  not  later  than  the  time  of  final  payment,  except  in 
case  of  claims  under  Article  16,  and  shall  be  adjusted  by  agreement  or  arbitration. 

Art.  40.  Mutual  Responsibility  of  Contractors. — Should  the  Contractor  cause  damage 
to  any  other  contractor  on  the  work,  the  Contractor  agrees,  upon  due  notice,  to  settle  with  such 
contractor  by  agreement  or  arbitration,  if  he  will  so  settle.  If  such  other  contractor  sues  the 
Owner  on  account  of  any  damage  alleged  to  have  been  so  sustained,  the  Owner  shall  notify  the 
Contractor,  who  shall  defend  such  proceedings  at  the  Owner's  expense  and,  if  any  judgment 
against  the  Owner  arise  therefrom,  the  Contractor  shall  pay  or  satisfy  it  and  pay  all  costs 
incurred  by  the  Owner. 

Art.  41.  Separate  Contracts. — The  Owner  reserves  the  right  to  let  other  contracts  in 
connection  with  this  work.  The  Contractor  shall  afford  other  contractors  reasonable  opportunity 
for  the  introduction  and  storage  of  their  materials  and  the  execution  of  their  work  and  shall 
properly  connect  and  coordinate  his  work  with  theirs. 

If  any  part  of  the  Contractor's  work  depends  for  proper  execution  or  results  upon  the  work 
of  any  other  contractor,  the  Contractor  shall  inspect  and  promptly  report  to  the  Architect  any 
defects  in  such  work  that  render  it  unsuitable  for  such  proper  execution  and  results.  His  failure 
so  to  inspect  and  report  shall  constitute  an  acceptance  of  the  other  contractor's  work  as  fit  and 
proper  for  the  reception  of  his  work,  except  as  to  defects  which  may  develop  in  the  other  con- 
tractor's work  after  the  execution  of  his  work. 

To  insure  the  proper  execution  of  his  subsequent  work  the  Contractor  shall  measure  work 
already  in  place  and  shall  at  once  report  to  the  Architect  any  discrepancy  between  the  executed 
work  and  the  drawings. 

Art.  42.   Assignment. — Neither  party  to  the  Contract  shall  assign  the  contract  without 

THnu)  BorrioN,  191 8 — page  7 


149 


the  written  consent  of  the  other,  nor  shall  the  Contractor  assign  any  moneys  due  or  to  become 
due  to  him  hereunder,  without  the  previous  written  consent  of  the  Owner. 

Art.  43.  Subcontracts. — The  Contractor  shall,  as  soon  as  practicable  after  the  signature 
of  the  contract,  notify  the  Architect  in  writing  of  the  names  of  subcontractors  proposed  for  the 
principal  parts  of  the  work  and  for  such  others  as  the  Architect  may  direct  and  shall  not  employ 
any  that  the  Architect  may  within  a  reasonable  time  object  to  as  incompetent  or  unfit. 

If  the  Contractor  has  submitted  before  signing  the  contract  a  list  of  subcontractors  and  the 
change  of  any  name  on  such  list  is  required  or  permitted  after  signature  of  agreement,  the  contract 
price  shall  be  increased  or  diminished  by  the  difference  between  the  two  bids. 

The  Architect  shall,  on  request,  furnish  to  any  subcontractor,  wherever  practicable,  evidence 
of  the  amounts  certified  to  on  his  account. 

The  Contractor  agrees  that  he  is  as  fully  responsible  to  the  Owner  for  the  acts  and  omissions 
of  his  subcontractors  and  of  persons  either  directly  or  indirectly  employed  by  them,  as  he  is  for 
the  acts  and  omissions  of  persons  directly  employed  by  him. 

Nothing  contained  in  the  contract  documents  shall  create  any  contractual  relation  between 
any  subcontractor  and  the  Owner. 

Art.  44.  Relations  of  Contractor  and  Subcontractor. — The  Contractor  agrees  to  bind 
every  subcontractor  and  every  subcontractor  agrees  to  be  bound,  by  the  terms  of  the  General 
Conditions,  Drawings  and  Specifications,  as  far  as  applicable  to  his  work,  including  the  following 
provisions  of  this  Article,  unless  specifically  noted  to  the  contrary  in  a  subcontract  approved  in 
writing  as  adequate  by  the  Owner  or  Architect.     This  does  not  apply  to  minor  subcontracts. 

The  Subcontractor  agrees  — 

(a)  To  be  bound  to  the  Contractor  by  the  terms  of  the  General  Conditions,  Drawings  and  Speci- 

fications and  to  assume  toward  him  all  the  obligations  and  responsibilities  that  he,  by 
those  documents,  assumes  toward  the  Owner. 

(b)  To  submit  to  the  Contractor  applications  for  payment  in  such  reasonable  time  as  to  enable 

the  Contractor  to  apply  for  payment  under  Article  26  of  the  General  Conditions 

(c)  To  make  all  claims  for  extras,  for  extensions  of  time  and  for  damages  for  delays  or  otherwise, 

to  the  Contractor  in  the  manner  provided  in  the  General  Conditions  for  like  claims  by 
the  Contractor  upon  the  Owner,  except  that  the  time  for  making  claims  for  extra  cost 
as  under  Article  2$  of  the  General  Conditions  is  one  week. 

The  Contractor  agrees — 

(d)  To  be  bound  to  the  Subcontractor  by  all  the  obligations  that  the  Owner  assumes  to  the  Con- 

tractor under  the  General  Conditions,  Drawings  and  Specifications  and  by  all  the  pro- 
visions thereof  affording  remedies  and  redress  to  the  Contractor  from  the  Owner. 

(e)  To  pay  the  Subcontractor,  upon  the  issuance  of  certificates,  if  issued  under  the  schedule  of 

values  described  in  Article  26  of  the  General  Conditions,  the  amount  allowed  to  the 
Contractor  on  account  of  the  Subcontractor's  work  to  the  extent  of  the  Subcontractor's 
interest  therein. 

(f)  To  pay  the  Subcontractor,  upon  the  issuance  of  certificates,  if  issued  otherwise  than  as  in  (e), 

so  that  at  all  times  his  total  payments  shall  be  as  large  in  proportion  to  the  value  of  the 
work  done  by  him  as  the  total  amount  certified  to  the  Contractor  is  to  the  value  of  the 
work  done  by  him. 

(g)  To  pay  the  Subcontractor  to  such  extent  as  may  be  provided  by  the  Contract  Documents 

or  the  subcontract,  if  either  of  these  provides  for  earlier  or  larger  payments  than  the 
above. 

(h)  To  pay  the  Subcontractor  on  demand  for  his  work  or  materials  as  far  as  executed  and  fixed 
in  place,  less  the  retained  percentage,  at  the  time  the  certificate  should  issue,  even 
though  the  Architect  fails  to  issue  it  for  any  cause  not  the  fault  of  the  Subcontractor. 

(j)  To  pay  the  Subcontractor  a  just  share  of  any  fire  insurance  money  received  by  him,  the  Con- 
tractor, under  Article  21  of  the  General  Conditions. 

(k)  To  make  no  demand  for  liquidated  damages  or  penalty  for  delay  in  any  sum  in  excess  of  such 
amount  as  may  be  specifically  named  in  the  subcontract. 

(I)  That  no  claim  for  services  rendered  or  materials  furnished  by  the  Contractor  to  the  Subcon- 
tractor shall  be  valid  unless  written  notice  thereof  is  given  by  the  Contractor  to  the 
Subcontractor  during  the  first  ten  days  of  the  calendar  month  following  that  in  which 
the  claim  originated. 

(m)  To  give  the  Subcontractor  an  opportunity  to  be  present  and  to  submit  evidence  in  any 
arbitration  involving  his  rights. 

THIRD    EDITION,    I918 — PAGE   8 


150 


(n)  lo  name  as  arbitrator  under  Article  45  of  the  General  Conditions  the  person  nominated  by 
the  Subcontractor,  if  the  sole  cause  of  dispute  is  the  work,  materials,  rights  or  respon- 
sibilities of  the  Subcontractor;  or,  if  of  the  Subcontractor  and  any  other  subcontractor 
jointly,  to  name  as  such  arbitrator  the  person  upon  whom  they  agree. 

The  Contractor  and  the  Subcontractor  agree  that — 

(o)  In  the  matter  of  arbitration,  their  rights  and  obligations  and  all  procedure  shall  be  analogous 
to  those  set  forth  in  Article  45  of  the  General  Conditions. 
Nothing  in  this  Article  shall  create  any  obligation  on  the  part  of  the  Owner  to  pay  to  or  to 
see  to  the  payment  of  any  sums  to  any  Subcontractor. 

Art.  45.  Arbitration. — Subject  to  the  provisions  of  Article  10,  all  questions  in  dispute 
under  this  contract  shall  be  submitted  to  arbitration  at  the  choice  of  either  party  to  the  dispute. 
The  Contractor  agrees  to  push  the  work  vigorously  during  arbitration  proceedings. 

The  demand  for  arbitration  shall  be  filed  in  writing  with  the  Architect,  in  the  case  of  an 
appeal  from  his  decision,  within  ten  days  of  its  receipt  and  in  any  other  case  within  a  reasonable 
time  after  cause  thereof  and  in  no  case  later  than  the  time  of  final  payment,  except  as  to  ques- 
tions arising  under  Article  16.  If  the  Architect  fails  to  make  a  decision  within  a  reasonable  time, 
an  appeal  to  arbitration  may  be  taken  as  if  his  decision  had  been  rendered  against  the  party 
appealing. 

No  one  shall  be  nominated  or  act  as  an  arbitrator  who  is  in  any  way  financially  interested 
in  this  contract  or  in  the  business  affairs  of  either  the  Owner,  Contractor  or  Architect. 

The  general  procedure  shall  conform  to  the  laws  of  the  State  in  which  the  work  is  to  be  erected. 
Unless  otherwise  provided  by  such  laws,  the  parties  may  agree  upon  one  arbitrator;  otherwise 
there  shall  be  three,  one  named,  in  writing,  by  each  party  to  this  contract,  to  the  other  party  and  to 
the  Architect,  and  the  third  chosen  by  these  two  arbitrators,  or  if  they  fail  to  select  a  third  within 
ten  days,  then  he  shall  be  chosen  by  the  presiding  officer  of  the  Bar  Association  nearest  to  the 
location  of  the  work.  Should  the  party  demanding  arbitration  fail  to  name  an  arbitrator  within 
ten  days  of  his  demand,  his  right  to  arbitration  shall  laspe.  Should  the  other  party  fail  to  choose 
an  arbitrator  within  said  ten  days,  then  such  presiding  officer  shall  appoint  such  arbitrator. 
Should  either  party  refuse  or  neglect  to  supply  the  arbitrators  with  any  papers  or  information 
demanded  in  writing,  the  arbitrators  are  empowered  by  both  parties  to  proceed  ex  parte. 

The  arbitrators  shall  act  with  promptness  1  If  there  be  one  arbitrator  his  decision  shall  be 
binding;  if  three  the  decision  of  any  two  shalr  be  binding.  Such  decision  shall  be  a  condition 
precedent  to  any  right  of  legal  action,  and  whe  ever  permitted  by  law  it  may  be  filed  in  Court  to 
carry  it  into  effect. 

The  arbitrators,  if  they  deem  that  the  case  demands  it,  are  authorized  to  award  to  the  party 
whose  contention  is  sustained  such  sums  as  they  shall  deem  proper  for  the  time,  expense  and 
trouble  incident  to  the  appeal  and,  if  the  appeal  was  taken  without  reasonable  cause,  damages 
for  delay.  The  arbitrators  shall  fix  their  own  compensation,  unless  otherwise  provided  by  agree- 
ment, and  shall  assess  the  costs  and  charges  of  the  arbitration  upon  either  or  both  parties. 

The  award  of  the  arbitrators  must  be  in  writing  and,  if  in  writing,  it  shall  not  be  open  to 
objection  on  account  of  the  form  of  the  proceedings  or  the  award,  unless  otherwise  provided  by 
the  laws  of  the  State  in  which  the  work  is  to  be  erected. 

In  the  event  of  such  laws  providing  on  any  matter  covered  by  this  article  otherwise  than  as 
hereinbefore  specified,  the  method  of  procedure  throughout  and  the  legal  effect  of  the  award  shall 
be  wholly  in  accordance  with  the  said  State  laws,  it  being  intended  hereby  to  lay  down  a  principle 
of  action  to  be  followed,  leaving  its  local  application  to  be  adapted  to  the  legal  requirements  of 
the  place  in  which  the  work  is  to  be  erected. 


THIRD    EDITION,    I918 — PAGE   9 


151 


Appendix  L 

Standard  Form  of  Bond 

THE   STANDARD    FORM   OF   BOND 

FOR  USE  IN  CONNECTION  WITH  THE  THIRD  EDITION  OF  THE  STANDARD 
FORM  OF  AGREEMENT    AND    GENERAL  CONDITIONS    OF    THE  CONTRACT. 

This  form  has  been  approved  by  the  National  Association  of  Builders'  Ex- 
changes, the  National  Association  of  Master  Plumbers,  the  National  Associa- 
tion of  Sheet  Metal  Contractors  of  the  United  States,  the  National  Electrical 
Contractors'  Association  of  the  United  States,  the  National  Association  of 
Marble  Dealers,  and  the  Heating  and  Piping  Contractors'  National  Association. 

COPYRIGHT    I915,    BY    THE    AMERICAN    INSTITUTE    OF    ARCHITECTS,    THE    OCTAGON,    WASHINGTON,    D.    C. 


KNO WALL  MEN:  Tha. 


we.... 

(Here  insert  the  name  and  address  or  legal  title  of  the  Contractor.) 


hereinafter  called  the  Principal,  and 

(Here  insert  the  name  and  address  or  legal  title  of  one  01  more  sureties.) 


.and 


.and 


hereinafter  called  the  Surety  or  Sureties,  are  held  and  firmly  bound  unto 

(Here  Insert  the  name  and  address  or  legal  title  of  the  Owner.) 


hereinafter  called  the  Owner,  in  the  sum  of 


-,.-. (^   V ) 

for  the  payment  whereof  the  Principal  and  the  Surety  or  Suretiesbind  themselves, 
their  heirs,  executors,  administrators,  successors  and  assigns,  jointly  and  severally, 
firmly,  by  these  presents. 

Whereas,  the  Principal  has,  by  means  of  a  written  Agreement,  dated 

entered  into  a  contract  with  the  Owner  for 


a  copy  of  which  Agreement  is  by  reference  made  a  part  hereof; 

0-18-19—5000 

152 


Now,  Therefore,  the  Condition  of  tliis  Obligation  is  such  that  if  tlie  Principal 
shall  faithfully  perform  the  Contract  on  his  part,  and  satisfy  all  claims  and 
demands,  incurred  for  the  same,  and  shall  fully  indemnify  and  save  harmless  the 
Owner  from  all  cost  and  damage  whicli  he  may  suffer  by  reason  of  failure  so  to 
do,  and  shall  fully  reimburse  and  repay  the  Owner  all  outhiy  and  expense  which 
the  Owner  may  incur  in  making  good  any  such  default,  and  shall  pay  all  persons 
who  have  contracts  directly  with  the  Principal  for  labor  or  materials,  then  this 
obligation  shall  be  null  and  void;  otherwise  it  shall  remain  in  full  force  and 
effect. 

Provided,  however,  that  no  suit,  action  or  proceeding  by  reason  of  any  default 

whatever  shall  be  brought  on  this  Bond  after months  from 

the  day  on  which  the  final  payment  under  the  Contract  falls  due. 

And  Provided,  that  any  alterations  which  may  be  made  in  the  terms  of  the 
Contract,  or  in  the  work  to  be  done  under  it,  or  the  giving  by  the  Owner  of  any 
extension  of  time  for  the  performance  of  the  Contract,  or  any  other  forbearance 
on  the  part  of  either  the  Owner  or  the  Principal  to  the  other  shall  not  in  any  way 
release  the  Principal  and  the  Surety  or  Sureties,  or  either  or  any  of  them,  their 
heirs,  executors,  administrators,  successors  or  assigns  from  their  liability  here- 
under, notice  to  the  Surety  or  Sureties  of  any  such  alteration,  extension  or  for- 
bearance being  hereby  waived. 


Signed  and  Sealed  this. 
In  Presence  of 


.day  of.. 


.19. 


as  to 

-. 


as  to 


as  to 


as  to 


.(seal) 


.(seal) 


.(seal) 


.(seal) 


153 


Appendix  M 
Standard  Form  of  Agreement  Between  Contractor  and  Subcontractor 

THE  STANDARD  FORM  OF  AGREEMENT  BETWEEN 
CONTRACTOR  AND  SUBCONTRACTOR 

FOR  USE  IN  CONNECTION  WITH  THE  THIRD  EDITION  OF  THE  STANDARD 
FORM  OF  AGREEMENT  AND  GENERAL  CONDITIONS  OF  THE  CONTRACT. 

This  form  has  been  approved  by  the  National  Association  of  Builders'  Exchanges,  the 
National  Association  of  Master  Plumbers,  the  National  Association  of  Sheet  Metal 
Contractors  of  the  United  States,  the  National  Electrical  Contractors'  Association  of  the 
United  States,  the  National  Association  of  Marble  Dealers,  and  the  Heating  and  Piping 
Contractors  National  Association. 

COPYRIGHT  I913  BY  THE  AMERICAN  INSTITUTE  OF  ARCHITECTS,  THE  OCTAGON,  WASHINGTON,  D.  C. 

THIS  AGREEMENT,  made  this  .     day  of  19 

by  and  between  hereinafter  called 

the  Subcontractor  and 
hereinafter  called  the  Contractor. 

WITNESSETH,  That  the  Subcontractor  and  Contractor  for  the  considerations  hereinafter 
named  agree  as  follows: 

Section  1 .  The  Subcontractor  agrees  to  furnish  all  material  and  perform  all  work  as  described 

in  Section  2  hereof  for     (Here  name  the  kind  of  building.) 
for  (Here  insert  the  name  of  the  Owner.) 


hereinafter  called  the  Owner,  at  (Here  insert  the  location  of  the  work.) 


in  accordance  with  the  General  Conditions  of  the  Contract  between  the  Owner  and  the  Contractor, 
and  in  accordance  with  the  Drawings  and  the  Specifications  prepared  by 

hereinafter  called  the  Architect,  all  of 
which  General  Conditions,  Drawings  and  Specifications  signed  by  the  parties  thereto  or  identified 
by  the  Architect,  form  a  part  of  a  Contract  between  the  Contractor  and  the  Owner  dated 

,    19         and   hereby   become   a   part   of  this  Contract. 

Section  2.  The  Subcontractor  and  the  Contractor  agree  that  the  materials  to  be  furnished  and 

work  to  be  done  by  the  Subcontractor  are    (Here  insert  a  precise  description  of  the  work,  preferably  by  reference  to  the 
Dumbers  of  the  Drawings  and  the  pages  of  the  Specificationa.) 


6-26- 20-10000 

IS4 


Section  3.  The  Subcontractor  agrees  to  complete  the  several  portions  and  the  whole  of  the 
work  herein  sublet  by  the  time  or  times  following: 

(Here  insert  the  date  or  dates  and  if  there  be  liquidated  damages  state  them.) 


Section  4.  The  Contractor  agrees  to  pay  the  Subcontractor  for  the  performance  of  his  work 
the  sum  of 

in  current  funds,  subject  to  additions  and  deductions  for  changes  as  may  be  agreed  upon,  and  to 
make  payments  on  account  thereof  in  accordance  with  Section  5  hereof. 


"13 


Section  5.  The  Contractor  and  Subcontractor  agree  to  be  bound  by  the  terms  of  the 
General  Conditions,  Drawings  and  Specifications  as  far  as  applicable  to  this  subcontract,  and 
also  by  the  following  provisions: 


The  Subcontractor  agrees: 

(a)  To  be  bound  to  the  Contractor  by  the  terms  of  the 
General  Conditions,  Drawings  and  Specifications,  and  to 
assume  toward  him  all  the  obligations  and  responsibilities 
that  he,  by  those  documents,  assumes  toward  the  Owner. 

{b)  To  submit  to  the  Contractor  applications  for  pay- 
ment in  such  reasonable  time  as  to  enable  the  Contractor 
to  apply  for  payment  under  his  contract. 

(c)  To  make  all  claims  for  extras,  for  extensions  of  time 
and  for  damages  for  delays  or  otherwise,  to  the  Contractor 
in  the  manner  provided  in  the  General  Conditions  for  like 
claims  by  the  Contractor  upon  the  Owner,  except  that  the 
time  for  making  claims  for  extra  cost  is  one  week. 

The  Contractor  agrees. 

(i)  To  be  bound  to  the  Subcontractor  by  all  the  obliga- 
tions that  the  Owner  assumes  to  the  Contractor  under  the 
General  Conditions,  Drawings  and  Specifications,  and  by 
all  the  provisions  thereof  affording  remedies  and  redress  to 
the  Contractor  from  the  Owner. 

(t)  To  pay  the  Subcontractor,  upon  the  issuance  of  cer- 
tificates, if  issued  under  a  schedule  of  values,  the  amount 
allowed  to  the  Contractor  on  account  of  the  Subcontractor's 
work  to  the  extent  of  the  Subcontractor's  interest  therein. 

(/)  To  pay  the  Subcontractor,  upon  the  issuance  of  cer- 
tificates, if  issued  otherwise  than  as  in  (<),  to  that  at  all 
times  his  total  payments  shall  be  as  large  in  proportion  to 
the  value  of  the  work  done  by  him  as  the  total  amount 
certified  to  the  Contractor  is  to  the  value  of  the  work  done 
by  him. 

(g)  To  pay  the  Subcontractor  to  such  extent  as  may  be 
provided  by  the  Contract  Documents  or  the  Subcontract, 
if  either  of  these  provides  for  earlier  or  larger  payments 
than  the  above. 


{h)  To  pay  the  Subcontractor  on  demand  for  his  work 
or  materials  as  far  as  executed  and  fixed  in  place,  less  the 
retained  percentage,  at  the  time  the  certificate  should 
issue,  even  though  the  Architect  fails  to  issue  it  for  any 
cause  not  the  fault  of  the  Subcontractor. 

(J)  To  pay  the  Subcontractor  a  just  share  of  any  fire 
insurance  money  received  by  him,  the  Contractor,  under 
the  General  Conditions. 

(k)  To  make  no  demand  for  liquidated  damages  or 
penalty  for  delay  in  any  sum  in  excess  of  such  amount  as 
may  be  specifically  named  in  the  Subcontract. 

(/)  That  no  claim  for  services  rendered  or  materials  fur- 
nished by  the  Contractor  to  the  Subcontractor  shall  be  valid 
unless  written  notice  thereof  is  given  by  the  Contractor 
to  the  Subcontractor  during  the  first  ten  days  of  the 
calendar  month  following  that  in  which  the  claim  origi- 
nated. 

(m)  To  give  the  Subcontractor  an  opportunity  to  be 
present  and  to  submit  evidence  in  any  arbitration  involving 
his  rights. 

(n)  To  name  as  arbitrator  under  the  General  Conditions, 
the  person  nominated  by  the  Subcontractor  if  the  sole 
cause  of  dispute  is  the  work,  materials,  rights  or  responsi- 
bilities of  the  Subcontractor;  or,  if  of  the  Subcontractor 
and  any  other  Subcontractor  jointly,  to  name  as  such  arbi- 
trator the  person  upon  whom  they  agree. 

The  Contractor  and  the  Subcontractor  agree  that: 

(o)  In  the  matter  of  arbitration,  their  rights  and  obli- 
gations and  all  procedure  shall  be  analogous  to  those  set 
forth  in  the  General  Conditions. 

Nothing  herein  shall  create  any  obligation  on  the  part 
of  the  Owner  to  pay  or  to  see  to  the  payment  of  any  sums 
to  any  Subcontractor. 


Section  6. 


156 


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to 

00 


Finally. — The  Subcontractor  and  Contractor,  for  themselves,  their  heirs,  successors,  execu- 
tors, administrators  and  assigns,  do  hereby  agree  to  the  full  performance  of  the  covenants  herein 
contained. 

IN  WITNESS  WHEREOF  they  have  hereunto  set  their  hands  the  day  and  date  first  above 
written. 

In  Presence  of 


Subcontractor. 


Contractor 


IS7 


Appendix  N 
Standard  Form  of  Acceptance  of  Subcontractors  Proposal 

STANDARD  FORM  OF  ACCEPTANCE  OF 
SUBCONTRACTOR'S  PROPOSAL 

FOR   USE  INCONNECTION  WITH  THE  THIRD  EDITION  OF  THE  STANDARD 
FORM  OP  AGREEMENT  AND  GENERAL  CONDITIONS  OF  THE  CONTRACT. 

This  form  has  been  approved  by  the  National  Association  of  Builders'  Exchanges,  the 
National  Association  of  Master  i^lunibers.  the  National  Association  of  Sheet  Metal 
Contractors  of  the  United  States,  the  National  Electrical  Contractors'  Association  of 
the  United  States,  and  the  National  Association  of  Marble  Dealers. 

COPYRIGHT  1915  BY  THE  AMERICAN  INSTITUTE  OF  ARCHITECTS.  THE  OCTAGON.  WASHINGTON,  D.  C 


Dear  Sir:   Having  entered  into   a  contract  with        (Here  insert  the  name  and  address  or  corporate  title  of  the  Owner.) 
for  the  erection  of     (Here  insert  the  kind  of  work  and  the  place  at  which  it  is  to  be  erected.) 
in  accordance  with  plans  and  specifications  prepared   by     (Here  insert  the  name  and  address  of  the  Architect.) 

and  in  accordance  with  the  General  Conditions  of  the  Contract  prefixed  to  the  specifications,  the  undersigned 
hereby  accepts  your  proposal  of   (Here  insert  date.) 

to    provide    all    the    materials  and  do  all  the  work  of     (Here  insert  the  kind  of  work  to  be  done,  as  plumbing,  roofing,  etc  ,  accurately 
describing  by  number,  page.  etc..  the  drawings  and  specifications  governing  such  work.) 


The  undersigned  agrees  to  pay  you  in  current  funds  for  the  faithful  performance  of  the  subcontract  estab- 
lished by  this  acceptance  of  your  proposal  the  sum  of 

(55  ) 

Our  relations  in  respect  to  this  subcontract  are  to  be  governed  by  the  plans  and  specifications  named  above 
by  the  General  Conditions  of  the  Contract  as  far  as  applicable  to  the  work  thus  sublet  and  especially  by 
Article  44  of  those  conditions  printed  on  the  reverse  hereof. 

Very  truly  yours, 


158 


Article  44  of  the  General  Conditions  of  the  Contract. 


Relations  of  Contractor  and  Subcontractor. —  l  he  Contractor  agrees  to  hind  every  Sidicontractor  and  every 
Suhconti  actor  agrees  to  be  hound,  hy  the  terms  of  the  Cjeneral  Conditions,  Drawings  and  Specifications,  as 
far  as  applicable  to  his  work,  including  the  following  provisions  of  this  Article,  unless  specifically  noted  to 
the  contrary  in  a  subcontract  approved  in  writing  as  adequate  by  the  Owner  or  Architect.  This  does  not 
apply  to  minor  subcontracts. 


'I'liu  Siil)i()ntr;at()r  agrees: 

(a)  To  he  l)oiuul  to  tliu  Coiitr.ictor  l)y  the  terms  of  the  (leneral 
Conditions,  DrawinKS  and  Specifications,  and  to  assnme  toward 
him  all  the  ohli(;ations  and  responsibilities  that  he,  by  those  docu- 
ments, assumes  toward  the  Osvner. 

{b)  To  submit  to  the  Contractor  applications  for  payment 
in  .such  reasonable  time  as  to  enable  the  Contractor  to  apply  for 
payment  under  Article  26  of  the  General  Conditions. 

(c)  To  make  all  claims  for  extras,  for  extensions  of  time  and  for 

damages  for  delays  or  otherwise,  to  the  Contractor  in  the  manner 
provided  in  the  Cieneral  Conditions  for  like  claims  by  the  Con- 
tractor upon  the  Owner,  except  that  the  time  for  making  claims 
for  extra  cost  as  under  .Article  25  of  the  General  Conditions,  is  one 
week. 

The  Contractor  agrees: 

{d)  To  be  bound  to  the  Subcontractor  by  all  the  obligations 
that  the  Owner  assumes  to  the  Contractor  under  the  (leneral  Con- 
ditions, Drawings  and  Specifications,  and  by  all  the  provisions 
thereof  affording  remedies  and  redress  to  the  Contractor  from  the 
Owner. 

(e)  To  pay  the  Subcontractor,  upon  the  issuance  of  certificates, 
if  issued  under  the  schedule  of  values  described  in  Article  26  of  the 
Cieneral  Conditions,  the  amount  allowed  to  the  Contractor  on 
account  of  the  Subcontractor's  work  to  the  extent  of  the  Sub- 
contractor's interest  therein. 

(/)  To  pay  the  Subcontractor,  upon  the  issuance  of  certificates, 
if  issued  otherwise  as  in  (c),  so  that  at  all  times  his  total  payments 
shall  be  as  large  in  proportion  to  the  value  of  the  work  done  by  him 
as  the  total  ainount  certified  to  the  Contractor  is  to  the  value  of 
the  work  done  by  him. 


(g)  To  pay  the  Subcontractor  to  such  extent  as  may  be  pro- 
vided by  the  Contract  Documents  or  the  subcontract  if  either 
of  these  provides  for  earlier  or  larger  payments  than  the  above. 

(A)  To  pay  the  Subcontractor  on  demand  for  his  work  or  ma- 
terials as  far  as  executed  and  fixed  in  place,  less  the  retained  per- 
centage, at  the  time  the  certificate  should  issue,  even  though  the 
Architect  fails  to  issue  it  for  any  cause  not  the  fault  of  the  Sub- 
contractor. 

(;')  To  pay  the  Subcontractor  a  just  share  of  any  lire  insurance 
money  received  by  him,  the  Contractor,  under  Article  21  of  the 
General  Conditions. 

(k)  To  make  no  demand  for  li<iuidated  damages  or  penalty 
for  delay  in  any  sum  in  excess  of  such  amount  as  may  be  specif- 
ically named  in  the  subcontract. 

(/)  That  no  claim  for  services  rendered  or  materials  furnished 
by  the  Contractor  to  the  Subcontractor  shall  be  valid  unless 
written  notice  thereof  is  given  by  the  Contractor  to  the  Sub- 
contractor during  the  first  ten  days  of  the  calendar  month  following 
that  in  which  the  claim  originated. 

(ot)  To  give  the  Subcontractor  an  opportunity  to  be  present 
and  to  submit  evidence  in  any  arbitration  involving  his  rights. 

(fl)  To  name  as  arbitrator  under  Article  45  of  the  General  Con- 
ditions, the  person  nominated  by  the  Subcontractor  if  the  sole 
cause  of  dispute  is  the  work,  materials,  rights  or  responsibilities 
of  the  Subcontractor;  or  if  of  the  Subcontractor  and  any  other 
subcontractor  jointly,  to  name  as  such  arbitrator  the  person  upon 
whom  they  agree. 

The  Contractor  and  the  Subcontractor  agree  that: — 

(o)  In  the  matter  of  arbitration,  their  rights  and  obligations 
and  all  procedure  shall  be  analogous  to  those  set  forth  in  .Article  45 
of  the  General  Conditions. 


Nothing  in  this  .Article  shall  create  any  obligation  on  the  part  of  the  Owner  to  pay  to  or  to  see  to  the  payment  of  any  sums  to   any 
Subcontractor. 


The  Subcontractor  entering  into  this  agreement  should  be  sure  that  not  merely  the  above  Article  44,  but 
the  full  text  of  the  General  Conditions  of  the  Contract  as  signed  by  the  Owner  and  Contractor  is  known  to 
him,  since  such  full  text,  though  not  herein  repeated,  is  binding  on  him. 


IS9 


Appendix  O 

Form  of  Agreement  Between  Contractor — Cost-Plus-Fee  Basis 

Fourth  Tentative  Draft  of 

A   FORM   OF 
AGREEMENT   BETWEEN   CONTRACTOR  AND   OWNER 

ISSUED    BY    THE    AMERICAN     INSTITUTE    OF    ARCHITECTS    FOR     USE    WHEN 
THE    COST    OF   THE    WORK    PLUS    A    FEE    FORMS    THE    BASIS    OF     PAYMENT. 

FIRST  EDITION — COPYRIGHT  I9I9  BY  THE  AMERICAN  INSTITUTE  OF  ARCHITECTS,  WASHINGTON,  D.  C. 

THIS  FORM  IS  TO  BE  USED  ONLY  WITH  THE  INSTITUTE'S  STANDARD  GENERAL  CONDITIONS  OF  THE  CONTRACT,  AND 
IT   SHOULD    NOT    BE    USED    WITHOUT  CAREFUL   STUDY    OF   ITS   ACCOMPANYING    "CIRCULAR   OF   INFORMATION." 

THIS  AGREEMENT  „,,d.  .he 

day  of. in  the  year  nineteen  hundred  and. 

by  and  between -— - 

hereinafter  called  the  Contractor,  and 


hereinafter  called  the  Owner, 

WITNESSETH,  that  whereas  the  Owner  intends  to  erect... 


NOW,  THEREFORE,  the  Contractor  and  the  Owner,  for  the  considerations 
hereinafter  named,  agree  as  follows: 

Article  1.    The  Work  to  be  Done  and  the  Documents  Forming  the  Contract. 

The  Contractor  agrees  to  provide  all  the  labor  and  materials  and  to  do  all  things 
necessary  for  the  proper  construction  and  completion  of  the  work  shown  and  de- 
scribed on  Drawings  bearing  the  title 

and  numbered.- 

and  in  Specifications  bearing  the  same  title,  the  pages  of  which  are  numbered 


The  said  Drawings  and  Specifications  and  the  General  Conditions  of  the  Contract 

NOTICE — ^This  Document  is  in  temporary  form.  Your  comments  and  criticisms  for  its 
improvement  should  be  sent  to  the  Chairman  of  the  Committee  on  Contracts,  120  Boylston 
Street,  Boston,  Mass.    The  7th  page  may  be  used  for  this  purpose. 

i6o 


consisting  of  Articles  numbered  one  to 

together  with  this  Agreement,  constitute  the  Contract;  the  Drawings,  Specifications 
and  General  Conditions  being  as  fully  a  part  thereof  and  hereof  as  if  hereto  attached 
or  herein  repeated.  If  anything  in  the  said  General  Conditions  is  inconsistent  with 
this  Agreement,  the  Agreement  shall  govern. 

The  said  documents  have  been  prepared  by 


therein  and  hereinafter  called  the  Architect. 

Article  2.    Changes  in  the  Work. 

The  Owner,  through  the  Architect,  may  from  time  to  time,  by  written  instructions 
or  drawings  issued  to  the  Contractor,  make  changes  in  the  above-named  Drawings 
and  Specifications,  issue  additional  instructions,  require  additional  work  or  direct 
the  omission  of  work  previously  ordered,  and  the  provisions  of  this  contract  shall 
apply  to  all  such  changes,  modifications  and  additions  with  the  same  effect  as  if  they 
were  embodied  in  the  original  Drawings  and  Specifications.  Since  the  cost  of  all  such 
changes  is  to  merge  in  the  final  cost  of  the  work.  Articles  24  and  25  of  the  General 
Conditions  of  the  Contract  are  annulled,  unless  elsewhere  especially  made  applicable. 

Article  3.    The  Contractor's  Duties  and  Status. 

The  Contractor  recognizes  the  relations  of  trust  and  confidence  established 

between  him  and  the  Owner  by  this  Agreement.     He  covenants  with  the  O^A■ner  to 

furnish  his  best  skill  and  judgment  and  to  cooperate  with  the  Architect  in  forwarding 

the  interests  of  the  Owner.    He  agrees  to  furnish  efficient  business  administration  and 

superintendence  and  to  use  every  effort  to  keep  upon  the  work  at  all  times  an  adequate 

supply  of  workmen  and  materials,  and  to  secure  its  execution  in  the  best  and  soundest 

way  and  in  the  most  expeditious  and  economical  manner  consistent  with  the  interests 

of  the  Owner. 

Article  4.     Fee  for  Services. 

In  consideration  of  the  performance  of  the  contract,  the  Owner  agrees  to  pay  the 
Contractor,  in  current  funds,  as  compensation  for  his  services  hereunder 

X$ ) 

which  shall  be  paid  as  follows: 


Article  5.     Costs  to  be  Reimbursed. 

The  Owner  agrees  to  reimburse  the  Contractor  in  current  funds  all  costs  neces- 
sarily incurred  for  the  proper  prosecution  of  the  work  and  paid  directly  by  the  Con- 
tractor, such  costs  to  include  the  following  items,  and  to  be  at  rates  not  higher  than 

2 

161 


^he  standard  paid  in  the  locality  of  the  work  except  with  prior  consent  of  the  Owner: 

(a)  All  labor  directly  on  the  Contractor's  pay  roll. 

(b)  Salaries  of  the  Contractor's  employees  stationed  at  the  field  office  or  engaged 
in  expediting  the  production  and  transportation  of  material,  in  drafting  or  in  whatever 
capacity  employed,  except  for  whose  services,  in  accordance  with  Article  6,  no  charge 
is  to  be  made.  In  case  the  full  time  of  any  such  employee  is  not  applied  to  this  work, 
his  salary  shall  be  included  only  for  the  time  employed  in  this  work. 

(c)  The  proportion  of  transportation,  traveling  and  hotel  expenses  of  the  Con- 
tractor or  of  his  officers  or  employees  incurred  in  discharge  of  duties  connected  with 
this  work. 

(d)  All  expenses  incurred  for  transportation  to  and  from  the  work  of  the  force 
required  for  its  prosecution. 

(e)  Permit  fees,  royalties,  damages  for  infringement  of  patents,  and  costs  of 
defending  suits  therefor  and  for  deposits  lost  for  causes  other  than  the  Contractor's 
negligence. 

(/)  Losses  and  expenses,  not  compensated  by  insurance  or  otherwise,  sustained 
by  the  Contractor  in  connection  with  the  work,  provided  they  have  resulted  from 
causes  other  than  the  fault  or  neglect  of  the  Contractor.  Such  losses  shall  include 
settlements  made  with  the  written  consent  and  approval  of  the  Owner.  No  such 
losses  and  expenses  shall  be  included  in  the  cost  of  the  work  for  the  purpose  of  deter- 
mining the  Contractor's  fee,  but  if,  after  a  loss  from  fire,  flood  or  similar  cause  not  due 
to  the  fault  or  neglect  of  the  Contractor,  he  be  put  in  charge  of  reconstruction,  he  shall 
be  paid  for  his  services  a  fee  proportionate  to  that  named  in  Article  4  hereof. 

(g)  Minor  expenses,  such  as  telegrams,  telephone  service,  expressage,  and  similar 
petty  cash  items. 

(h)  Cost  of  hand  tools,  not  owned  by  the  workmen,  canvas  and  tarpaulins,  con- 
sumed in  the  prosecution  of  the  work,  and  depreciation  on  such  tools,  canvas  and 
tarpaulins  used  but  not  consumed  and  which  shall  remain  the  property  of  the  Con- 
tractor. 

Article  6.     Costs  Not  to  be  Reimbursed. 

Reimbursement  of  expenses  to  the  Contractor  shall  not  include  any  of  the  fol- 
lowing: 

(a)  Salary  of  the  Contractor,  if  an  individual,  or  salary  of  any  member  of  the 
Contractor,  if  a  firm,  or  salary  of  any  officer  of  the  Contractor,  if  a  corporation. 

{b)  Salary  of  any  person  employed,  during  the  execution  of  the  work,  in  the  main 
office  or  in  any  regularly  established  branch  office  of  the  Contractor. 

{c)  Overhead  or  general  expenses  of  any  kind,  except  as  these  may  be  expressly 
included  in  Article  5. 

(d)  Interest  on  capital  employed  either  in  plant  or  in  expenditures  on  the  work, 
except  as  may  be  expressly  included  in  Article  5. 

3 
162 


Article  7.     Costs  to  be  Paid  Direct  by  the  Owner. 

In  addition  to  items  of  cost  noted  in  Article  5  for  which  the  Owner  reimburses 
the  Contractor,  the  Owner  shall  pay  all  costs  as  follows: 

(a)  Materials,  supplies,  equipment  and  transportation  required  for  the  proper 
execution  of  the  work,  which  shall  include  all  temporary  structures  and  their  main- 
tenance; all  such  costs  to  be  at  rates  not  higher  than  the  standard  paid  in  the  locality 
of  the  work  except  with  prior  consent  of  the  Owner. 

ib)  The  amounts  of  all  separate  contracts. 

{c)  Premiums  on  all  bonds  and  insurance  policies  called  for  under  Articles  19, 
20,  21  and  22  of  the  General  Conditions  of  the  Contract. 

{d)  Rentals  of  all  construction  plant  or  parts  thereof,  whether  rented  from  the 
Contractor  or  others,  in  accordance  with  rental  agreements  approved  by  the  Archi- 
tect. Transj)()rtation  of  said  construction  plant,  costs  of  loading  and  unloading,  cost 
of  installation,  dismantling  and  removal  thereof  and  minor  repairs  and  replacements 
during  its  use  on  the  work, — all  in  accordance  with  the  terms  of  the  said  rental  agree- 
ments. 

Article  8.     Discounts,  Rebates,  Refunds. 

All  discounts,  rebates  and  refunds,  and  all  returns  from  sale  of  surplus  materials, 
equipment,  etc.,  shall  accrue  to  the  Owner,  and  the  Contractor  shall  make  provisions 
so  that  they  can  be  secured. 

Article  9.     Contractor's  Financial  Responsibility. 

Any  cost  due  to  the  negligence  of  the  Contractor  or  anyone  directly  employed  by 
him,  either  for  the  making  good  of  defective  work,  disposal  of  material  wrongly  sup- 
plied, making  good  of  damage  to  property,  or  excess  costs  for  material  or  labor,  or 
otherwise,  shall  be  borne  by  the  Contractor,  and  the  Owner  may  withhold  money 
due  the  Contractor  to  cover  any  such  cost  already  paid  by  him  as  part  of  the  cost  of 
the  work. 

This  Article  supersedes  the  provisions  of  Articles  13,  14  and  16  of  the  General 
Conditions  of  the  Contract  so  far  as  they  are  inconsistent  herewith. 

Article  10.     Separate  Contracts. 

All  portions  of  the  work  that  the  Contractor's  organization  has  not  been  accus- 
tomed to  perform  or  that  the  Owner  may  direct,  shall  be  executed  under  separate 
contracts  let  by  the  Owner  direct.  In  such  cases  either  the  Contractor  shall  ask 
for    bids    from    contractors    approved     by    the    Architect    and    shall    deliver    such 

4 

163 


bids  to  him,  or  the  Architect  shall  procure  such  bids  himself,  and  in  either  case  the 
Architect  shall  determine,  with  the  advice  of  the  Contractor  and  subject  to  the 
approval  of  the  Owner,  the  award  and  amount  of  the  accepted  bid.  The  Owner  shall 
contract  for  such  work  direct  with  such  approved  bidders  in  accordance  with  the 
terms  of  this  agreement  and  the  General  Conditions  of  the  Contract,  which  Condi- 
tions shall,  for  the  purposes  of  such  contracts,  stand  as  printed  or  written  and  not  be 
subject  to  the  modifications  set  forth  herein. 

The  Contractor,  being  fully  responsible  for  the  general  management  of  the  build- 
ing operation,  shall  have  full  directing  authority  over  the  execution  of  the  separate 
contracts. 

The  separate  Contractors  shall  not  only  cooperate  with  each  other,  as  provided 
in  Article  41  of  the  General  Conditions  of  the  Contract,  but  they  shall  conform  to  all 
directions  of  the  Contractor  in  regard  to  the  progress  of  their  work. 

Article  1!.    Title  to  the  Work. 

The  title  of  all  work  completed  and  in  course  of  construction  and  of  all  materials 
on  account  of  which  any  payment  has  been  made,  and  materials  to  be  paid  for  under 
Article  7,  shall  be  in  the  Owner. 

Article  12.    Accounting,  Inspection,  Audit. 

The  Contractor  shall  check  all  material  and  labor  entering  into  the  work  and 
shall  keep  such  full  and  detailed  accounts  as  may  be  necessary  to  proper  financial 
management  under  this  Agreement  and  the  system  shall  be  such  as  is  satisfactory  to 
the  Architect  or  to  an  auditor  appointed  by  the  Owner.  The  Architect,  the  auditor 
and  their  timekeepers  and  clerks  shall  be  afforded  access  to  the  work  and  to  all  the 
Contractor's  books,  records,  correspondence,  instructions,  drawings,  receipts, 
vouchers,  memoranda,  etc.,  relating  to  this  contract,  and  the  Contractor  shall  preserve 
all  such  records  for  a  period  of  two  years  after  the  final  payment  hereunder. 

Article  13.     Applications  for  Payment. 

The  Contractor  shall,  between  the  first  and  seventh  of  each  month,  deliver  to 
the  Architect  a  statement,  sworn  to  if  required,  showing  in  detail  and  as  completely 
as  possible  all  moneys  paid  out  by  him  on  account  of  the  cost  of  the  work  during  the 
previous  month  for  which  he  is  to  be  reimbursed  under  Article  5  hereof,  with  original 
signed  pay  rolls  for  labor,  checked  and  approved  by  a  person  satisfactory  to  the 
Architect,  and  receipted  duplicates  of  all  paid  bills. 

He  shall  at  the  same  time  submit  to  the  Architect  a  complete  statement  of  all 
moneys  properly  due  for  materials  or  on  account  of  separate  contracts,  or  on  account 
of  his  fee,  or  otherwise,  which  are  to  be  paid  direct  by  the  Owner  under  Article  7 
hereof. 

The  provisions  of  this  Article  supersede  those  of  Article  26  of  the  General  Condi- 
tions of  the  Contract. 

S 
164 


Article  14.     Certificates  of  Payment. 

The  Architect  sliall  clicck  the  Contractor's  statements  of  moneys  due,  called  for 
Ml  Article  13,  and  shall  promptly  issue  certificates  to  the  Owner  fur  all  such  as  he 
approves,  which  certificates  shall  be  payable  on  issuance. 

The  provisions  of  this  Article  supersede  the  first  paragraph  of  y\rticle  27  of  the 
General  Conditions  of  the  Contract. 

Article  15.     Disbursements. 

Should  the  Contractor  neglect  or  refuse  to  pay,  within  five  days  after  it  falls  due, 
any  bill  legitimately  incurred  by  him  hereunder  (and  for  which  he  is  to  be  reimbursed 
under  Article  5)  the  Owner,  after  giving  the  Contractor  twenty-four  hours'  written 
notice  of  his  intention  so  to  do,  shall  have  the  right  to  pay  such  bill  directly,  in  which 
event  such  payment  shall  not,  for  the  purpose  either  of  reimbursement  or  of  calcu- 
lating the  Contractor's  fee,  be  included  in  the  cost  of  the  work. 

Article  16.    Termination  of  Contract. 

{The  provisions  of  this  Article  supersede  all  of  Article  57  of  the  General  Conditions 
of  the  Contract  except  the  first  sentence.) 

If  the  Owner  should  terminate  the  contract  under  the  first  sentence  of  Article 
37  of  the  General  Conditions  of  the  Contract,  he  shall  reimburse  the  Contractor  for 
the  balance  of  all  payments  made  by  him  under  Article  5,  plus  a  fee  computed  upon  the 
cost  of  the  work  to  date  at  the  rate  of  percentage  named  in  Article  4  hereof,  or  if  the 
Contractor's  fee  be  stated  as  a  fixed  sum,  the  Owner  shall  pay  the  Contractor  such  an 
amount  as  will  increase  the  payments  on  account  of  his  fee  to  a  sum  which  bears  the 
same  ratio  to  the  said  fixed  sum  as  the  cost  of  the  work  at  the  time  of  termination 
bears  to  a  reasonable  estimated  cost  of  the  work  completed,  and  the  Owner  shall  Iso 
pay  to  the  Contractor  fair  compensation,  either  by  purchase  or  rental,  at  the  election 
of  the  Owner,  for  any  equipment  retained.  In  case  of  such  termination  of  the  contract, 
the  Owner  shall  further  assume  and  become  liable  for  all  obligations,  commitments 
and  unliquidated  claims  that  the  Contractor  may  have  theretofore,  in  good  faith, 
undertaken  or  incurred  in  connection  with  said  work  and  the  Contractor  shall,  as  a 
condition  of  receiving  the  payments  mentioned  in  this  Article,  execute  and  deliver 
all  such  papers  and  take  all  such  steps,  including  the  legal  assignment  of  his  con- 
tractual rights,  as  the  Owner  may  require  for  the  purpose  of  fully  vesting  in  him  the 
rights  and  benefits  of  the  Contractor  under  such  obligations  or  commitments. 

The  Contractor  and  the  Owner  for  themselves,  their  successors,  executors,  admin- 
istrators and  assigns  hereby  agree  to  the  full  performance  of  the  covenants  herein 
contained. 

IN  WITNESS  WHEREOF  they  have  executed  this  agreement  the  day  and  year 

first  above  written. 

6 

165 


COMMENTS  AND   CRITICISMS 

from 


7 
1 66 


Appendix   P 

Description  of  Cost-Plus-Fee  System 


.!.  I.  .1.  Document,  No.  14J 


Fourth  Teiiicitive  Draft  of 

A   CIRCULAR   OF   INFORMATION 

RELATIVE   TO  THE   COST-PLUS-FEE   SYSTEM 

OF   CONTRACTING    FOR   BUILDING   CONSTRUCTION 

INTENDED   TO    ACCOMPANY     "a    FORM    OF    AGREEMENT     BETWEEN    CONTRACTOR  AND 

OWNER      ISSUED    BY    THE     AMERICAN     INSTITUTE     OF    ARCHITECTS    FOR     USE    WHEN 

THE     COST    OF    THE    WORK     PEUS     A  FEE     FORMS    THE     BASIS    OF    PAYMENT." 

FIRSl    EDITION — COPYRIGHT  I919,  BY  THE  AMERICAN  INSTITUTE  OF  ARCHITECTS,  WASHINGTON,  ».  C. 


THE  SYSTEM  IN  GENERAL. 

The  system  of  reimbursing  the  Contractor  his 
expenditures  in  executing  the  work  and  of  paying 
him  a  fee  for  his  services,  commonly  called  the 
cost-plus-fee  system,  is  now  much  in  use.  It  is 
successfully  applied  to  the  conduct  of  work  from 
the  smallest  repairs  or  alterations  to  the  largest 
and  most  complicated  buildings. 

The  cost-plus-fee  method  has,  as  compared  with 
the  system  of  letting  a  contract  by  competition 
and  for  a  stipulated  sum,  advantages  that  will 
be  made  clear  in  the  course  of  this  circular.  Its 
chief  defect,  from  the  Owner's  point  of  view,  is 
that,  except  under  a  modified  form,  later  described 
as  "Guarantee  of  Cost,"  it  does  not  assure  him 
that  his  work  will  be  executed  for  a  certain  sum 
of  money,  an  assurance  which  the  method  of 
stipulated  sum,  at  least,  seems  to  give. 

Under  the  latter  system,  a  number  of  com- 
petitors of  necessarily  varying  responsibility  and 
competency  name  the  prices  at  which  they  will 
execute  the  work.  The  mere  price  rather  than 
the  ability  and  integrity  of  the  Contractor  becomes, 
in  almost  all  cases,  the  basis  of  selection,  fre- 
((uently  with  an  attendant  train  of  evils  that  need 
not  here  be  discussed.  That  method  presupposes 
the  completion,  in  advance  of  the  bidding,  of 
contract,  drawings  and  specifications. 

Under  the  cost-plus-fee  method,  the  Architect 
and  Owner  may,  at  any  time,  either  before  the 
making  of  drawings  or  specifications,  during 
their  progress  or  after  their  completion,  choose 
that  Contractor  in  whose  integrity,  experience, 
soundness  of  judgment  and  in  the  strength  of 
whose  organization  they  have  the  most  confidence. 

Since  any  method  of  building  should  be 
grounded  upon  the  mutual  confidence  and  coopera- 
tion of  Architect,  Owner  and  Contractor,  the 
ability  thus  to  choose  a  highly  qualified  Con- 
tractor who  is  persona  grata  to  both  Architect  and 
Owner  is  among  the  great  advantages  of  the 
cost-plus-fee  system.  Under  it,  the  Contractor 
does  not  occupy  a  merely  commercial  position, 
but  one  of  peculiar  trust  and  responsibility.     His 


chief  interest,  the  rapid,  sound  and  economic 
execution  of  the  work,  are  the  same  as  the  Owner's. 

A  feature  of  the  cost-plu.s-fee  method,  not 
generally  recognized,  is  the  possibility  of  its  use 
in  connection  with  competitive  bidding,  thus 
making  it  applicable  to  public  as  well  as  private 
work,  as  explained  in  Article  i8  hereof. 

His  relation  to  the  Owner  becomes  a  profes- 
sional one,  quite  parallel  to  that  of  the  Architect. 
He  becomes  a  construction  manager  for  the 
Owner;  and  if  his  fee  be  made  not  a  percentage  of 
the  cost,  but  a  fixed  sum,  his  mind  is  relieved  of  the 
usual  financial  considerations  that  are  antago- 
nistic to  the  interests  of  the  Owner  and  he  assumes 
completely  the  position  of  a  disinterested  adviser. 

In  drafting  a  form  of  contract  on  the  cost- 
plus-fee  basis  this  new  relationship  should  be 
carefully  kept  in  mind,  for  many  of  those  pro- 
visions that  have  been  customary  in  the  past  are 
fundamentally  at  variance  with  the  professional 
attitude  on  the  part  of  the  Contractor. 

FORM  OF  AGREEMENT. 

The  provisions  necessary  to  make  cost-plus- 
fee  contracts  suitable  to  various  classes  of  work 
and  to  bring  them  into  harmony  with  the  ideas 
of  Owners,  Contractors  and  Architects,  are  so 
many  that  no  form  of  agreement  likely  to  be 
generally  useful  without  special  preparation, 
can  be  drawn.  The  "  Form  of  Agreement  between 
Contractor  and  Owner  issued  by  the  American 
Institute  of  Architects  for  Use  when  the  Cost  of 
the  Work  Plus  a  Fee  Forms  the  Basis  of  Payment" 
to  which  this  circular  refers,  may,  in  some  cases, 
be  found  suited  for  use  as  it  stands,  but  generally 
its  usefulness  will  lie  in  facilitating  the  drafting 
of  a  special  agreement. 

Turning  to  the  Form  of  Agreement,  we  observe 
that  it  is  to  be  used  in  conjunction  with  the 
Institute's  General  Conditions  of  the  Contract, 
a  document  prepared  primarily  for  use  when  a 
stipulated  sum  forms  the  basis  of  payment,  but 
which  as  modified  by  the  terms  of  the  agreement 
now  under  consideration,  becomes  applicable  to 
the  cost-plus-fee  form  of  contract. 


NOTICE — This  Document  is  in  temporary  form.  Your  comments  and  criticisms  for  its 
improvement  should  be  sent  to  the  Chairman  of  the  Committee  on  Contracts,  120  Boylston 
Street,  Boston,  Mass.    The  7th  page  n\a\  be  used  for  this  purpose. 


167 


While  it  would  not  be  difficult  to  draw  up  a 
set  of  General  Conditions  especially  suited  to  the 
cost-plus-fee  method,  and  while  such  a  procedure 
would  make  the  agreement,  itself,  simpler  and 
briefer,  there  are  several  reasons  why  the  standard 
form  of  General  Conditions  is  used. 

First. — Many  contracts,  which  begin  with  the 
idea  of  being  let  at  a  stipulated  sum,  are  ulti- 
mately put  on  a  cost-plus-fee  basis  and  in  such 
a  case,  it  would  be  difficult  to  remove  the  General 
Conditions  from  all  copies  of  the  contract  docu- 
ments and  substitute  a  new  set. 

Second. — Many  contracts  that  are  let  on  a 
cost-plus-fee  basis  contain  a  "guarantee  of  cost," 
in  which  case,  as  will  be  noted  in  this  circular 
under  that  heading,  it  may  be  necessary  to  re- 
vert, in  respect  to  orders  for  extras,  to  the  General 
Conditions  of  the  stipulated  sum  type. 

Third. — As  subcontracts  are  generally  let  at  a 
stipulated  sum  and  are  governed  by  the  General 
Conditions  of  the  Contract,  it  is  necessary  that 
those  Conditions  should  be  suited  for  use  with 
such  subcontracts  and  not  of  a  kind  adapted  to 
the  cost-plus-fee  system  only. 

Commenting  on  the  Agreement,  article  by 
article,  we  note: 

Article  I.    The  Work  to  be  Done  and  the 
Documents  Forming  the  Contract. 

In  this  article  all  the  documents  forming  the 
contract  should  be  identified  with  great  care  and 
the  drawings  and  specifications  covering  the  work 
which  is  to  be  placed  in  charge  of  the  Contractor, 
should  be  so  clearly  defined  that  no  mistake  is 
possible  as  to  its  scope.  Work  not  so  defined 
may,  of  course,  be  put  in  the  hands  of  the  Con- 
tractor by  subsequent  action  or  it  may  be  let 
separately  under  Article  41  of  the  General  Con- 
ditions of  the  Contract. 

Since  those  Conditions  as  printed  are  not  in  all 
respects  suited  to  the  cost-plus-fee  system,  a 
clause  making  the  Agreement  superior  to  the  other 
documents  is  included  in  Article  i. 

Article  2.     Changes  in  the  Worl<. 

W^hen  a  contract  is  let  for  a  stipulated  sum, 
changes  in  the  work  involving  changes  in  the 
amount  of  the  contract  have  very  properly  to 
be  authorized  in  the  way  set  forth  in  Articles  24 
and  25  of  the  General  Conditions  of  the  Contract, 
but  when,  as  is  often  the  case  in  a  cost-plus-fee 
contract,  the  work  cannot  accurately  be  drawn 
and  specified  in  advance,  its  very  scope  being 
perhaps  unknown  at  the  time  of  letting  the 
contract,  some  less  rigid  method  has  to  be  adopted. 
The  most  workable  arrangement,  under  such 
circumstances,  is  that  of  Article  2.  Under  it, 
however,  very  clear  understandings  between 
the  Owner  and  the  Architect  are  necessary  as  to 
all  such  changes. 

If,  however,  a  guarantee  of  cost  (see  following)  is 
given,  then  Article  2  becomes  subject  to  the 
provisions,  as  to  changes  in  the  amount  of  that 


guarantee,     contained     in     the     article     relative 
thereto. 

Article    4.     The    Fee    for    the    Contractor's 
Services. 

Under  the  cost-plus-fee  system,  the  Contractor's 
fee  for  his  services  may  be  either  a  fixed  sum 
agreed  on  in  advance  or  it  may  be  a  percentage 
upon  the  cost  of  the  work  as  finally  ascertained. 
Sometimes  it  is  a  certain  percentage  of  the  cost 
of  the  work  done  by  the  Contractor  and  a  certain 
lower  percentage  upon  the  cost  of  the  work 
sublet.  In  any  event,  the  blank  in  Article  4 
provides  an  opportunity  for  recording  whatever 
agreement  may  be  reached  In  this  matter. 

The  advantage  of  the  percentage  method  is 
that,  on  the  theory  that  the  greater  the  cost  the 
greater  the  Contractor's  service,  it  automatically 
adjusts  itself  to  total  expenditure.  Its  dis- 
advantage is  that  it  puts  a  premium  for  the  Con- 
tractor on  a  high  cost  and  therefore  it  raises  a 
suspicion  that,  to  swell  his  own  remuneration, 
he  has  permitted  or  encouraged  a  high  cost. 

If  the  amount  of  the  fee  be  fixed  in  advance, 
no  such  suspicion  can  arise  and  the  Contractor 
can  effect  savings  for  the  Owner  without  penal- 
izing himself  for  so  doing.  The  disadvantage  of 
the  fixed  fee  is  that  in  case  of  any  great  change  in 
the  scope  of  the  work,  a  readjustment  of  fee 
ought,  in  equity,  to  be  made.  Such  contingency 
should  be  provided  for  in  the  Agreement. 

Common  practice  has  established  the  amount 
of  the  fee  within  reasonable  limits.  While  the 
Owner  must  take  it  into  account,  the  question  is 
one  of  fundamental  business  judgment,  and  is 
not  subject  to  a  mere  arithmetical  comparison  as 
between  four,  six  or  eight  per  cent.  The  services 
of  an  able,  honest  and  well-equipped  Contractor 
might  not  be  overpaid  at  a  percentage  several 
times  greater  than  that  asked  by  one  badly  quali- 
fied. Indeed,  the  total  cost  of  the  work  to  the 
Owner  might  well  be  less  if  it  were  in  the  hands  of 
the  more  highly  paid  Contractor.  Therefore, 
any  scheme  that  attempts  to  select  the  Con- 
tractor by  a  mere  comparison  of  the  fees  asked  is 
fallacious. 

Indeed,  one  of  the  great  advantages  of  the 
cost-plus-fee  method  lies  in  the  ability  of  the 
Architect  and  Owner  to  select  the  Contractor  with 
an  eye  single  to  that  Contractor's  ability  to  do 
the  work.  The  increasing  use  of  that  method  is 
reacting  upon  the  building  business  in  the  now 
well-marked  tendency  to  exclude  the  shrewd, 
unscrupulous  Contractor  in  spite  of  all  his  powers 
of  imposing  himself  upon  the  Owner,  in  favor  of 
men  who  have  proved  their  ability  in  organiza- 
tion and  administration  with  consequent  benefit 
to  the  Owner's  interests  in  the  work  of  construc- 
tion. 

It  is  also  possible  with  this  system  to  select  the 
Contractor  well  in  advance  of  the  completion  of 
the  contract  drawings  and  specifications,  and 
in  this  way  to  secure  his  advice  in  advance  on 


168 


many  matters  related  to  the  preparation  of  plans 
and  the  determination  of  materials  and  methods — 
just  as  an  Architect  can  be  of  service  to  an  Owner 
before  he  has  bought  his  land,  so  an  experienced 
Contractor  can  be  of  service  to  Owner  and  Archi- 
tect before  ground  is  broken. 

Article  5.     Costs  to  be  Reimbursed. 

AkTiclicS  5,  6  and  7  are  perhaps  the  most 
difficult  parts  of  the  Agreement  to  draw.  They 
can  cause  or  prevent  more  difTicidties  from  day 
to  day  during  the  progress  of  the  work  than  any 
others,  for  they  determine  the  fundamental 
accounting  procedure  and  if  drawn  wrongly  may 
involve  endless  complications. 

These  articles  as  drawn  are  based  on  the 
assumption  that  the  Contractor  has  assumed 
professional  relations  with  the  Owner  and  should 
be  relieved  of  financial  responsibilities  incon- 
sistent with  such  a  relationship.  The  Owner  is  to 
finance  the  undertaking,  and  will  pay  direct  all 
possible  items  of  cost.  Those  items  which  the 
Contractor  must  pay,  subject  to  reimbursement 
as  included  in  Article  5,  are  reduced  to  a  mini- 
mum. 

The  last  paragraph  (A)  of  Article  5  covers 
small  tools,  one  of  the  most  troublesome  items. 
Some  prefer  to  cover  small  tools  and  certain  other 
"plant"  items  by  a  lump  sum  for  which  the  Con- 
tractor is  to  furnish  all  that  are  needed  for  the 
work.  Tills,  however,  is  illogical  iti  that  it  inserts 
a  small  lump  sum  contract  with  a  cost-plus-fee 
contract  and  is  unsatisfactory  and  troublesome 
as  it  creates  the  necessity  of  determining  con- 
stantly whether  or  not  certain  items  fall  under 
the  lump  sum  or  are  to  be  paid  for  as  part  of  the 
regular  cost.  It  seems  best  to  have  all  such  small 
tools,  as  are  actually  used  up  during  the  work, 
paid  for  as  part  of  the  cost  and  any  that  are  used, 
but  remain  of  value  at  the  end  of  the  work,  taken 
over  by  the  Contractor  at  a  fair  valuation  to  be 
agreed  on. 

In  less  important  forms  of  work,  such  as  small 
repairs  or  alterations,  it  is  often  customary  for 
the  Contractor  to  furnish  small  tools  without 
expense  to  the  Owner,  being  covered  by  the 
general  percentage  or  fee.  Such  a  case  may  be 
covered  by  omitting  (/;)  in  Article  5  and  {b)  in 
Article  7  and  inserting  in  the  blank  of  Article 
6  a  provision  such  as  the  following: 

"The  Contractor  further  agrees  to  furnish  all 
tools  and  construction  plant  necessary  for  the 
proper  and  expeditious  performance  of  the  con- 
tract without  making  any  charge  for  their  cost, 
use  or  repair." 

In  such  a  case,  however,  it  would  be  wise  to 
incorporate  in  the  Agreement  a  schedule  showing 
just  what  equipment  or  kinds  of  equipment  are 
understood  to  be  included. 

Article  6.    Costs  Not  to  be  Reimbursed. 

The  theory  of  a  cost-plus-fee  contract  is  that 
the  Contractor  shall  be  reimbm-sed  every  cost. 


direct  or  indirect,  of  llie  work  forming  the  sub- 
ject of  the  contract  and  that  for  his  serveics  in 
conducting  the  work  he  shall  receive  a  fee  that 
is  absolutely  net  to  him  and  subject  to  no  deduc- 
tions, except  for  negligence.  Owing,  however, 
to  the  difhculty  of  ascertaining  certain  items  of 
cost,  the  theory  is  rarely  applied  with  strictness. 
Therefore,  the  Institute's  form  of  Agreement 
takes,  as  in  Article  6,  the  view  that  certain  things 
are  to  be  paid  for  by  the  Contractor  out  of  his  fee. 

Article  7.     Costs  to  be  Paid  Direct  by  the 
Owner. 

All  items  that  can  readily  be  paid  direct  by  the 
Owner  should  be  so  paid  and  Article  7  is  drawn 
with  this  idea  in  mind.  Routine  procedure  can 
and  should  be  arranged  so  as  to  simplify  the 
Owner's  duties  and  leave  the  responsibility  of  the 
routine  work  on  the  Contractor  and  Architect. 

Paragraph  (d)  covers  the  difficult  problem  of 
plant.  Plant  comes  from  many  different  sources, 
and  under  different  conditions,  of  purchase  or 
rental.  No  fixed  rule  can  be  laid  down.  Each 
individual  piece  of  equipment  that  is  bought  or 
rented  will  be  necessarily  the  subject  of  a  definite 
agreement. 

In  some  contracts  it  is  provided  that  when  a 
certain  percentage  of  the  value  of  a  piece  of  equip- 
ment has  been  paid  in  rental  that  the  title  thereto 
shall  vest  in  the  Owner.  This  is  felt  to  be  an 
unwise  procedure  and  involves  complications  of 
ownership  and  subsequent  disposition  of  the 
equipment  without  any  real  benefit  to  the  Owner. 
The  Contractor,  as  the  adviser  of  the  Owner, 
should  notify  him  when  it  is  better  for  him  to 
purchase  plant  outright  and  when  it  is  better  to 
rent  it. 

In  renting  plant  it  is  not  easy  to  cover  the 
matter  of  repairs.  The  owner  of  the  plant  should 
furnish  and  maintain  the  plant  in  workable  con- 
dition, and  should  make  good  "internal"  defects 
that  may  develop,  the  results  of  normal  use,  or 
"wear  and  tear."  IVIinor  repairs  and  replace- 
ments due  to  the  accidents  of  use  are  a  proper 
charge  against  the  work  and  should  be  made  by 
the  person  renting  the  plant.  Provisions  to  this 
effect  should  form  part  of  the  rental  agreements. 

As  noted  under  Article  5,  the  furnishing  of  all 
necessary  plant  for  a  fixed  sum  is  undesirable. 

The  United  States  Government's  form  of  cost- 
plus-fee  contract  for  cantonments  is  accompanied 
by  a  schedule,  which  may  here  serve  as  a  check- 
list, naming  the  following  articles  as  subject  to 
rental : 

Automobiles;  Adding  and  Listing  Machines;  Buckets, 
Tipple  and  Bottom  Dump;  Boring  Machine,  Pneumatic; 
Boring  Machine,  Electric;  Buckets,  Orangepeel,  l  yard; 
Buckets,  Orangepeel,  less  than  I  yard;  Buckets,  Clamshell; 
Boiler  and  3  drum  machine;  Boiler  and  2  drum  engine;  Boiler 
and  I  drum  engine;  Boiler  only,  30  h.p.  and  smaller;  Boiler 
only,  larger  than  30  h.  p.;  Block  Machine,  Concrete;  Cars, 
Skip,  l>2  yards;  Cars,  Skip,  3  yards;  Cars,  Steel,  I  yard  and 
smaller;  Cars,  4  yards,  Wooden;  Cars,  6  yards,  Wooden;  Cars, 
12  yards,  W'ooden;  Cars,  i  Hopper,  Radial  Gate;  Crushers, 


169 


only;  Crushers,  with  elevator  and  screen;  Conveyor,  gravity, 
per  lOO  feet;  Compressor,  loXlo  with  steam  engine;  Com- 
pressor, 8X8  Belt  Driven;  Compressor,  with  Gasoline  Engine 
on  Wheels;  Compressor,  Westinghouse,  9>i";  Cableways, 
without  engine;  Drill  Auto  Traction;  Dump  Wagons;  Diving 
Outfit  with  pumps;  Derricks,  60  feet  to  85  feet;  Derricks, 
•iO  feet  to  59  feet;  Derricks  less  than  30  feet;  Derricks,  Breast; 
Derricks,  Circle  Swing:  Elevators,  Platform  or  Bucket;  Ele- 
vators with  bins  for  concrete;  Engines,  Skeleton,  3  drum; 
Engines,  Skeleton,  2  drum;  Engines,  Skeleton,  I  drum; 
Engines,  Steam,  Horizontal,  11  to  40  h.  p.;  Engines,  Steam, 
Upright,  to  10  h.  p.;  Engines,  Gasoline,  to  8  h.  p.;  Engines,  2 
drum  with  Electric  Motor;  Engines,  Gasoline,  10  h.  p. ;  Engines, 
Derrick,  Swinging;  Hammers,  Rivetting;  Hod  Elevating 
Machine;  Leveling  Instruments,  Engineers';  Locomotive, 
36  inch  Gauge;  Locomotive,  Standard  Gauge;  Mixers  with 
Boiler  Sideloader;  Mixers,  with  Electric  Motors,  I  yard; 
Mixers  without  Boiler,  less  than  I  yard;  Mixers  without 
Boiler,  i  yard  and  larger;  Mixers  with  Gasoline  Engine;  Motor- 
cycles; Motors,  2  h.  p.;  Motors,  5  h.  p.;  Motors,  10  h.  p.; 
Motors,  25  h.  p.;  Motors,  50  h.  p.;  Pumps,  Centrifugal,  10  inch 
Belt  Driven;  Pumps,  Centrifugal,  10  inch  with  motor  attached; 
Pumps,  Centrifugal,  8  inch  Steam  Connected;  Pumps,  Cen- 
trifugal, 6  inch  Steam  Connected;  Pumps,  Centrifugal,  4  inch 
Steam  Connected;  Pumps,  Duplex  and  Triplex  to  3  inch; 
Pumps,  Pulsometer  to  4  inch;  Pumps,  Diaphragm;  Purnps, 
Diaphragm,  with  Gas  Engine;  Pumps,  Triplex  with  Belt  Drive; 
Pile  Drivers,  Drop;  Pile  Drivers,  Drop  with  single  Drum 
Engine  and  Boiler;  Pile  Hammers,  Steam,  up  to  2,500  lbs.; 
Pile  Hammers,  Steam,  larger  than  2,500  lbs.;  Rail,  per  ton; 
Roller,  Horse;  Steam  Drills,  Small  Air  Drills;  Steam  Roller; 
Steam  Shovel;  Sprinkling  Cart;  Saw  Benches;  Saw  Benches 
with  Motor  or  Gasoline  Engine;  Scale  Boxes;  Scraper,  Wheel; 
Transits;  Typewriter. 

Article  8.     Discounts,  Rebates,  Refunds. 

Where  the  Contractor  is  required  to  obtain  dis- 
counts, it  is  sometimes  provided  that  the  Owner 
will  keep  on  deposit  with  the  Contractor  a  stated 
sum  for  that  purpose. 

Article  9.     Separate  Contracts. 

A  professional  adviser  should  not  be  party  to  a 
contract  with  a  Contractor  for  work  which  he 
supervises.  For  this  reason  in  a  cost-plus-fee 
contract,  when  the  Contractor  is  substantially 
the  Owner's  construction  manager,  the  various 
minor  contracts  should  be  direct  with  the  Owner 
rather  than  as  customarily  with  the  Contractor. 
The  Contractor's  general  responsibility  and 
directing  authority  will  be  clear,  and  as  payments 
are  dependent  on  his  initial  action,  as  provided  in 
Article  13,  there  will  be  in  effect  the  same  finan- 
cial control  as  if  the  actual  payments  were  to  be 
made  by  him. 

In  the  selection  of  separate  contracts  the 
Owner,  Architect  and  Contractor  act  jointly,  the 
Owner  getting  the  value  of  the  advice  of  both  his 
advisers. 

One  of  the  excellent  features  of  the  cost-plus- 
fee  method  is  that  it  ensures  the  selection  of 
capable  .subcontractors,  the  Owner's,  Contractor's 
and  Architect's  interest  in  the  matter  all  tending 
to  this  result.  The  method,  when  properly  used, 
assists  in  raising  the  standard  of  the  building 
business,  because  it  actively  discourages  the 
unfair  treatment  to  which  subcontractors  are  so 
notoriously  exposed  under  the  method  of  compet- 
itive bidding. 


Article  12.     Accounting,  Inspection,  Audit. 

On  work  of  slight  importance  and  small  cost, 
no  check  is  usually  kept  at  the  building  upon 
time  and  materials,  the  Contractor's  vouchers 
being  accepted  by  the  Architect. 

On  larger  work,  where  the  clerk  of  the  works 
is  not  too  much  occupied  by  his  proper  duties, 
he  may  be  expected  to  keep  a  certain  check  on 
materials  and  labor. 

If,  however,  the  Owner's  interests  are  properly 
to  be  guarded,  especially  if  the  work  is  of  con- 
siderable size,  the  Owner  should  employ  a  com- 
petent auditor  versed  in  building  matters.  He 
need  not  be  personally  present  at  the  work  at 
all  times,  but  he  should  have  such  assistance  as 
is  necessary  to  keep  an  accurate  check  upon  all 
time  and  material  to  be  paid  for  under  the  cost- 
plus-fee  system. 

Article  13.     "Applications  for  Payment." 

vSince  most  items  of  cost  are  paid  direct  under 
this  form  of  agreement  many  of  the  troublesome 
elements  connected  with  payments  are  eliminated, 
such  as  insuring  proper  distribution  by  the  Con- 
tractor of  moneys  paid  him  on  account  of  materials 
and  subcontracts. 

Practice  varies  considerably  as  to  payments  on 
account  of  the  Contractor's  fee.  Sometimes  no 
payment  is  made  until  the  work  is  finished,  when 
it  is  paid  in  one  sum.  Usually,  however,  pay- 
ments on  account  are  made  varj-ing  from  50  to 
100  per  cent  of  the  proportion  of  the  Contractor's 
fee  earned  to  the  date  of  payment. 

Article  16.    Termination  of  Contract. 

The  General  Conditions  of  the  Contract,  in 
use  when  a  stipulated  sum  forms  the  basis  of  the 
Contractor's  payment,  rightly  provide  for  a 
termination  of  the  contract  at  the  Owner's 
initiative  only  in  extreme  circumstances. 

The  procedure  following  such  termination  is 
necessarily  different  under  the  cost-plus-fee  system 
from  that  under  the  stipulated  sum  system  and 
for  such  differences  Article  16  makes  provision. 

On  a  cost-plus-fee  basis,  termination  may  be 
more  readily  effected  and  it  is  sometimes  agreed, 
as  in  all  the  U.  S.  Government  contracts  on  this 
basis,  that  the  Owner  may  terminate  the  contracts 
at  will  and  without  fault  on  the  part  of  the  Con- 
tractor. 

In  such  a  case,  provision  should  be  made  for 
equitably  compensating  the  Contractor  for  the 
expense  of  organizing  and  stopping  the  work  and 
for  the  disorganization  to  his  business  resulting 
from  the  cancellation  of  the  contract. 

Article  17.    Time  of  Completion  of  the  Work. 

When  the  time  required  to  complete  thework 
may  be  foreseen  with  reasonable  accuracy,  a 
date  of  completion  may  be  agreed  upon  with 
liquidated  damages  for  failure  to  complete  tl-.e 
work   at  that   date.     In   that   case,   a   provision 


170 


such  as  tiic  following  should   be  inckKicd  in  the  quunlilies  hi  the  euiiipleted  slruelurc.    The  sums 

Agreement:  so  obtained  shall  be  added  to  or  subtracted  from 

',;      ,,                                  III  the  Contractor's  Ivstimated  Cost  accordinely  as 

I  he  Contractor  .f-recs  that  the  work  set  ^^^  ^^.^^^j     y^ntities  arc  respectively  greater  or 

forthu,  the  DrawmgsandSpec.hcat.onsenu-  ,^^^  ^,^^„   ^'^^^  corresponding  approximate  quan- 

merated  m  Article  i  hereof  shall  he  suhstan-  ^■^.        ^,,„^  ,.,^i    ,  ,J  ^,,„^^,';,^  [^^  ,^^  ^^^^^;|  ^,^^ 

t.ally  completed  upon  the day  of  j^^^j^^.^j  Contractor's  Ivstimated  Cost. 

: ■• v '?    -•• '  S"'^Je«,  hovy-  u'^•^^^  contractor  shall  he  paid  the  Actual  Cost 

ever,  to  extensions  ol  time   as   providec    in  ,.f  ,1.,  ,..^,1,^1...      d    .-*  i-         ir  .i      *   .     1  a<    * 

._•',              f  .1      /'          I   /'       ••                1  ol  the  work  plus  a  Prolit  I'ce.    If  the  Actual  Cost 

Article   24  ot   the   t>eneral   Conditions,    and  ,,f  ,,,,   wr^.^u  :,.  , ,...  i  ♦     n      u      ■      1  /"     .       .     > 

1     ^,       ^           r      1                     I       r           L  "'  t'"-  vVork  is  equal  to  the  Revised  Contractors 

the  Contractor  further  agrees  that  from  the  ^^^^^^^^^  ^ost,  Ihe  Contractor  shall  be  paid  the 

compensation,    otherwise    to    be    paid,    the  Contractor's   Profit   Fee  in  full.      If  the  Actual 

Owner  may  retain  the  sum  of Cost  of  the  Work  is  less  than  the  Revised  Con- 

do  Mars    (f> )    tor   each    day   therealter,  ♦.o^t^.,-.  1:  *:   ,   ♦    i  r^     t  .1      /-•      *       ^        u  n  u 

c       1             11    rr             III  /u  ^  ^u          I  tractors  Ustimated  Cost  the  Contractor  shall  be 

Sundays  and  nolidays  included,  that  the  work      ,,^;,,  ,,,,   r-,„t^  „+ v  r>    r*  i-  1  •        ii-4- 

•  -'  1  I  L-  L  •  1  paid  the  Contractors  Profit  ree,  and  in  addition 
remains  uncompleted,  which  sum  is  agreed  ;i,„„(,^  ,  „,  u„if  „c  .i,„  „  ,  1  ■  1  4t  a  .  1 
,  '  '  f  I-  •  1  1  tliereto,  one-halt  01  the  amount  which  the  Actual 
upon  as  the  proper  measure  of  liquidated  /-v>.f  „f  n.r  wr^^:.  ;,.  1,  .  .i  .1  tj>  •  1  /•• 
,'  I  •  L  I  r\  Ml  •  Cost  ot  the  Work  is  less  than  the  Revised  Con- 
damages  which  the  Uvvner  wi  sustain  per  t,-„^f.^,v  i.Vf :. ,  *^,i  n.  ^  ic  »i  a  .  1  r^  ..  r 
J.  ^  I  r  1  c  \.  (-  tractors  Ivstimated  Cost.  If  the  Actual  Cost  of 
diem    by   the   failure   of  the  Contractor    to  ^j^^  ^.„^^  ^^  ^^^^  ^j^^,^  ^j^^  j^^^.^^^j  Contractor's 

complete  the  work  at  the  time  stipulated  and  Estimated  Cost,  the  Contractor  will  be  paid  the 

this  sum  IS  not  to  be  construed  as  in  any  Contractor's  Profit  Fee  less  one-half  of  the  amount 

sense  a  penalty.  ^^,j^j^,j^  ^j^^  Actual  Cost  of  the  Work  is  in  excess 

It  is  important,  alike  under  the  cost-plus-fee  f    V'*^    Revised    Contractor's    Fstimated    Cost; 

system    and    under   the   stipulated    sum    system,  '^"^  m  no  event  shall  the  Contractor  be  paid  less 

that  the  amount  named   as  liquidated  damages  than  the  Actual  Cost  of  the  Work,  plus  one-third 

should   be  reasonably  in   accord  with  the  facts,  "^  ^  ^^ '^.°"^T^°J^^,''°''!- I'^e 

for  if  greatly  in  excess,  the  courts  may  hold,  as  Next  is  cicfined     ihe  Actual  Cost  of  the  W  ork 

they  already  have  held  in  certain  cases," that  such  '""'"^^^   ^^  .'"   Article  5  of  the  Agreement  which 

damages   are   in   reality   a   penalty  and  therefore  accompanies   this   Circular.      The    "Profit   Fee" 

^.QJj                                                     '  is  then  defined  as  follows: 

"The  Profit  F'ee  paid  to  the  Contractor  shall  be 

•    ,.,,0      r'           i.'i-       r»'ij'                  ^     J.  deemed   to   cover  and   include   the   Contractor's 

Article  18.     Competitive  B.ddmg  on  a  Cost=  p^^^^,  the  use  of  his  organization,  his  skill,  and 

us     ee     asis.  energy,   his    overhead    expenses,    administrative 

In  Article   16  of  this  Circular  there  has  been  expenses,    services    of    Contractor's    executives, 

explained  a  method  that  makes  it  possible  to  base  expenses  of  Contractor's  executives  giving  occa- 

a    cost-plus-fee    contract    on    competitive    bids,  sional    attention    to    the    work,    services    of    the 

Another  and  more  ingenious  method  of  reaching  general  superintendent  devoting  all  his  time  to 

that  result  and  at  the  same  time  of  enabhng  the  the  work,  all  Contractor's  legal  expenses,  interest 

Contractor  by  efficiency  in  the  conduct  of  the  on  moneys  used,  taxes,  all  expenses  of  any  office 

work  to  increase  his  own  profit  while  reducing  the  or  offices  of  the  Contractor  other  than  the  lield 

expense  to  the  Owner  is  now  in  use.     It  may  be  office  on  the  work,  and  all  other  expenses  deemed 

explained  by  a  clause  from  an  actual  contract  by  the  Engineers  not  a  part  of  the  Actual  Cost  of 

covering  the  construction  of  an  important  via-  Work  as  herein  defined." 

duct.  It  is  to  be  obser\-ed  that  the  Contractor  has  to 

"Each  bidder  shall  state  his  estimated  'cost  of  pay  out  of  his  "Profit  Fee"  much  more  than  is 

the  work,'   which  shall  be  termed  Contractor's  required  in  Article   6   of  the   Agreement   which 

Estimated  Cost,  and  shall  also  state  a  fee  which  accompanies  this  Circular. 

shall  be  termed  Contractor's  Profit  Fee,  which  In  explanation  of  the  operation  of  the  particular 

shall  be  separate  from  and  not  a  part  of  the  Con-  contract  above  cited  the  following  statement  has 

tractor's    Estimated    Cost.       The    Contractor's  been  made : 

Profit  Fee  must  not  exceed  ten  per  cent  of  the  "The   Contractor,   by   attention   to  the   work 

Contractor's  Estimated  Cost.  and   efficiency    in    administration    may    increase 

"The  Contractor's  Estimated  Cost  shall  be  his  profit  while  at  the  same  time  he  reduces  the  ex- 
assumed  to  be  based  upon  the  approximate  pense  to  the  Owner.  On  the  other  hand,  although 
quantities  hereinafter  stated.  Inasmuch  as  the  he  is  in  a  position  where  he  probably  will  have  small 
actual  quantities  in  the  finished  structure  may  financial  loss,  he  may  suffer  the  loss  of  his  time 
vary  from  those  approximate  quantities,  each  and  attention  to  the  work.  The  percentage  fee 
bidder  must  also  quote  unit  prices  for  each  of  the  to  be  named  is  limited  to  lo^c ,  and  the  minimum 
various  construction  items  as  given  in  the  form  fee  above  the  Actual  Cost  to  one-third  of  that 
of  proposal  and  bid  herewith.  These  unit  prices  amount,  or  not  to  exceed  t,1%  of  the  cost  of  the 
shall  be  applied  to  the  differences  between  the  work.  It  is  estimated  that  this  33%  will  not 
approximate    quantities    given    and    the    actual  more  than  cover  the  items  specified  as  part  of  the 


171 


Profit  Fee.  It  is  essential  in  such  a  contract  to 
draw  a  very  distinct  line  between  what  is  to  be 
the  Actual  Cost  of  the  Work  and  what  is  to  be 
covered  by  the  Profit  Fee  and  to  exclude  from  the 
Actual  Cost  of  the  Work  all  indefinite  charges  or 
amounts  which  can  not  readily  be  checked  by 
ordinary  auditing." 

Other  methods  have  been  used  by  which  com- 
petitive bidding  may  be  obtained  on  the  cost- 
plus-fee  basis,  as  for  instance  the  method  employed 
by  the  U.  S.  Housing  Corporation,  in  which  the 
various  bidders  not  only  competed  in  the  amount 
of  their  fee,  but  also  were  called  upon  to  name 
their  estimated  total  cost,  their  organization  and 
the  personnel  available  to  handle  the  work  in  the 
field,  the  amount  for  which  they  would  furnish 
the  plant  required  for  the  work,  and  the  estimated 
time  needed  for  the  work.     A  definite  scale  of 


values  for  the  various  items  determined  which  was 
the  low  bid  on  theroject  as  a  whole. 

Note  on  Guarantee  of  Cost:  The  funda- 
mentals of  a  cost-plus-fee  contract  make  illogical 
any  guarantee  of  cost.  If  an  Owner  has  a  limited 
amount  to  spend  which  can  not  be  exceeded  he 
should  adopt  the  lump-sum  type  of  contract. 
A  cost-plus-fee  contract  with  a  guaranteed  limit 
is  an  attempt  to  secure  for  the  Owner  the  benefit 
that  may  accrue  through  the  chance  of  a  saving 
in  cost  and  to  put  upon  the  Contractor  the  burden 
if  the  cost  runs  over.  Such  a  contract  has  all  the 
complications  of  a  cost-plus-fee  contract,  with  the 
attitude  of  mind  of  the  Contractor  as  in  a  lump- 
sum contract.  It  involves,  therefore,  the  unde- 
sirable elements  of  both  forms  with  the  advan- 
tages of  neither. 


COMMENTS  AND  CRITICISMS 


from. 


6 
172 


Appendix  Q 

Constitution  and  By-Laws 

A.  I .  A.  Document,  No.  140 
.Idopted  al  the  Convention  oj  the  American  Institute  of  Architects,  held  at  Washington,  D.  C,  Novem- 
ber i-j,  i8g8.  Revised  and  Amended,  October  5,  icjoi;  December  /  j,  igo2;  January  12,  ic^04; 
January  10,  igo6;  January  S,  /907;  November  IQ,  igoy;  December  15,  ujo8;  December  15, 
igog;  January  17,  igii;  December  2,  igij;  December  j,  igi4;  December  3,  igi^;  December 
7,  igi6;  April  24,  igiS;  April  jo,  igig;  May  7,  jg20. 

The  Octagon  House,  Washington,  D.  C. 
Notick: — The  following  Constitution  and  By-Laws  of  the  American  Institute  of  Architects  are 
uS  amended,  and  adopted  at   the  jjd  Annual  Convention,   Washington,  D.  C,  May  5-7,  jg20. 
Notice  is  hereby  given  that  all  previous  editions  are  superseded  by  this  issue. 

William  Stanley  Parker,  Secretary. 


Constitution 


ARTICLE  I 


NAME 

The  corporate  name  of  this  Organization 
shall  be,  "The  American  Institute  of 
Architects." 

ARTICLE  II 

objects 
The  objects  of  this  Institute  shall  be:  To 
organize  and  unite  in  fellowship  the  Architects 
of  the  United  States  of  America,  to  combine 
their  efforts  so  as  to  promote  the  aesthetic, 
scientific,  and  practical  efficiency  of  the  pro- 
fession, and  to  make  the  profession  of  ever- 
increasing  service  to  society. 

ARTICLE  III 

THE    INSTITUTE    BODY 

Section  i.  There  shall  exist  tvs'o  classes 
within  the  Institute:  An  active  class  to  be 
known  as  Members,  and  an  Honorary  class. 

Sec.  2.  The  conditions  of  membership  in 
either  of  these  classes  shall  be  honorable  service 
in  its  respective  field  as  defined  in  the  B}-- 
Laws. 

Sec.  3.  Among  the  members  there  shall  be 
a  body  of  Fellows.  The  title  "Fellow"  shall  be 
granted  for  professional  distinction  only. 

Sec.  4.  In  the  honorary  class  there  shall 
exist  Honorary  Members  and  Honorary  Corre- 
sponding Members,  as  defined  in  the  By-Laws. 

ARTICLE  IV 
officers 
The  officers  of  the  Institute  shall  be  a  Presi- 
dent, a  First  and  a  Second  Vice-President,  a 
Secretary,  and  a  Treasurer. 


There  shall  be  a  Board  of  Directors,  con- 
sisting of  the  five  above-named  officers,  ex 
officio,  and  such  additional  Members  as  shall 
be  prescribed  by  the  By-Laws. 

ARTICLE  V 
organization 

Section  i.  This  Institute  is  an  association, 
organized  locally  into  Chapters  which  may  be 
incorporated  under  the  laws  of  the  States  in 
which  they  are  established,  and  which  shall  be 
governed  as  provided  in  the  By-Laws  of  the 
Institute. 

Sec.  2.  Every  Member  elected  to  the  Insti- 
tute shall  by  that  fact  become  a  Member  of  a 
Chapter,  as  provided  for  in  the  Bjr-Laws  of  the 
Institute.  No  Member  shall  belong  to  more 
than  one  Chapter. 

ARTICLE  VI 

standards  of  practice 

The  Institute  shall  from  time  to  time  adopt 
a  Code  or  Codes,  which  shall  be  standards  of 
professional  practice,  and  it  may  from  time  to 
time  recommend  a  Schedule  of  Professional 
Charges,  complying  with  good  practice  and 
custom,  but  such  a  Schedule  shall  not  be  made 
mandatory. 

ARTICLE  VII 

government 

Section  i.  The  Government  of  the  Institute 
shall  be  by  Delegates  from  the  Chapters  in 
convention  assembled,  its  Officers  and  Board  of 
Directors. 


(3) 


173 


BY-LAWS 


Sec.  2.  The  Board  of  Directors  may,  by  a 
formal  vote,  delegate  its  powers  in  whole  or  in 
part  to  an  Executive  Committee  chosen  from 
its  membership,  stating  the  powers  granted  and 
a  limit  of  time  for  their  exercise. 

Sec.  3.  All  questions  of  discipline  of  a  mem- 
ber shall  be  submitted  to  the  Board  of  Direc- 
tors, which  shall  decide  finally  and  without 
recourse  any  questions  of  action  conflicting 
with  the  Constitution  or  By-Laws  of  the 
Institute  or  of  the  member's  Chapter,  non- 
payment of  dues  to  Institute  or  Chapter,  or 
questions  of  unprofessional  conduct;  and 
acting  under  this  section  the  Board  may  sus- 
pend a  member,  pass  a  vote  of  censure  upon 
him,  drop  his  name  from  the  roll  of  members, 
or  expel  him;  but  no  such  action  shall  be  taken 
until  the  accused  shall  have  had  an  opportunity 
to  be  heard  in  his  own  defense. 

ARTICLE  VIII 

MEETINGS 

The  Institute  shall  hold  an  Annual  Con- 
vention and  such  other  meetings  as  are  pro- 
vided for  in  the  By-Laws. 


ARTICLE  IX 

DEFINITION 

The  term  "State"  throughout  this  Constitu- 
tion and  the  By-Laws  shall  apply  also  to  the 
District  of  Columbia  and  territories  and  pos- 
sessions of  the  United  States. 

ARTICLE  X 

AMENDMENTS 

This  Constitution  may  be  added  to,  altered, 
or  amended,  on  the  written  proposition  of  ten 
or  more  members,  by  a  two-thirds  vote  of  the 
delegates  voting  at  any  Convention,  provided 
two  months'  previous  notice  of  the  proposed 
change  shall  have  been  sent  by  the  Secretary 
to  each  member  of  the  Institute  and  to  the 
Secretaries  of  the  several  Chapters,  and  the 
Secretary  of  the  Institute  shall  send  such  notice 
of  any  proposed  amendment  as  hereinbefore 
stated,  provided  he  receives  a  copy  of  the  pro- 
posed amendment,  duly  endorsed,  at  least 
seventy  days  before  the  Convention  at  which 
the  amendment  is  to  be  voted  upon. 


By-Laws 


ARTICLE  I 


MEMBERS 

Section  i.  General  Conditions  of  Membership. 
Any  resident  of  the  United  States,  who  is 
a  practising  architect,  or  an  architect  engaged 
in  professional  education,  or  an  architectural 
draughtsman,  is  eligible  to  membership  if  able 
to  submit  the  required  proofs  of  his  or  her 
professional  capacity  and  honorable  personal 
and  professional  standing. 

Section  2.  application  for  Membership. 

Every  person  desiring  to  be  admitted  as  a 
Member  shall  be  required  to  pass,  or  shall  have 
passed  such  examination  or  examinations  as 
may  be  directed  from  time  to  time  by  the  Board 
of  Directors.  An  applicant  holding  a  degree 
in  architecture  in  an  institution  recognized  by 
the  Board  of  Directors  shall  qualify  in  such 
other  manner  as  shall  from  time  to  time  be 
required  by  the  Board. 

A  fee  of  five  dollars  shall  accompany  each 
application  for  membership,  and  upon  the 
election  of  the  applicant  this  amount  shall  be 
credited  on  account  of  the  initiation  fee.  In 
the  event  of  the  applicant  failing  to  be  elected 
the  Institute  shall  retain  the  fee. 


Each  applicant  may  state  in  his  application 
his  choice  of  Chapter  membership,  as  between 
that  determined  by  the  territory  within  which 
he  has  his  business  headquarters  and  that  in 
which  he  resides,  and  upon  election  he  shall  be 
assigned  to  the  Chapter  of  his  choice;  but  if 
this  choice  be  not  stated  in  his  application,  he 
shall  be  assigned  to  the  Chapter  within  whose 
territory  he  has  his  business  headquarters. 

Section  3.  Mode  of  Election  for  Members. 

When  an  application  for  membership,  duly 
made  out,  shall  have  been  received  by  the 
Secretary  of  the  Institute,  he  shall  announce 
the  fact  to  all  members  of  the  Institute,  and  to 
the  Secretary  of  the  Chapter  to  which  the 
member  will  be  assigned,  and  shall  request 
from  them,  within  thirty  days,  privileged  com- 
munications upon  the  desirability  of  the  appli- 
cant. Every  such  communication  shall  be 
signed  and  objections  shall  be  accompanied  by 
the  reasons  therefor.  The  Board  of  Directors 
shall  canvass  these  letters  and  decide  as  to  the 
desirability  of  the  proposed  member.  If  this 
judgment  is  adverse  to  the  applicant,  the  appli- 
cant shall  be  notified  of  the  fact  and  his  appli- 
cation shall  be  no  further  considered.  The 
qualifications  of  each  applicant  who  has  not 


174 


BY-LAWS 


been  thus  rejected  shall  then  be  considered  liy 
the  Board  of  Directors  directly  or  through  a 
Board  of  Examiners.  Within  a  reasonable 
time  of  the  establishment  of  the  required 
qualifications,  the  Board  of  Directors  shall 
ballot  upon  these  names  for  election,  and  two 
negative  ballots  shall  reject.  Otherwise  the 
applicant  shall  i)e  declared  elected,  and  the 
Secretary  of  the  Institute  shall  promptly  notify 
him,  and  the  Secretary  of  the  Chapter  to  which 
he  is  assigned,  of  said  election. 

A  rejected  applicant  can  not  again  apply 
within  a  year  of  the  date  of  liis  rejection. 

Section  4.  Privileges  of  Members. 

Members  shall  be  eligible  to  serve  as  Officers, 
Directors,  Chapter  delegates,  and  to  perform 
any  committee  service. 

Sfxtion  5.  Nomendalure. 

Membership  in  the  Institute  shall  be  desig- 
nated by  the  initials  "A.  I.  A.,"  which  shall  be 
an  abbreviation  for  "Member  of  the  American 
Institute  of  Architects." 

ARTICLE  II 

FELLOWS 

Section    i.  General  Conditions  of  Fellozvship. 

Fellowship  in  the  American  Institute  of 
Architects  is  conferred  upon  a  Member  who  is 
a  citizen  of  the  United  States,  who,  in  the 
opinion  of  an  authorized  jury  of  Fellows,  shall 
have  notably  contributed  to  the  advancement 
of  the  profession  in  design,  construction,  litera- 
ture, or  education.  The  above  jury  shall  be 
composed  of  such  officers  of  the  Institute  and 
members  of  the  Board  of  Directors,  as  shall  be 
Fellows.  The  name  of  each  candidate  selected 
by  this  jury,  after  having  been  submitted  to  the 
Chapter  of  which  he  is  a  member,  shall  be  sub- 
mitted to  the  convention  following  the  nomina- 
tion, for  election,  as  provided  in  section  2  of 
this  Article.  Individual  Chapters  may  make 
recommendations  for  nominations. 

Section  2.  Mode  of  Election. 

Fellows  shall  be  elected  at  the  Annual  Con- 
vention by  Australian  ballot  from  a  printed  list 
submitted  by  the  above  jury.  The  polls  shall 
be  open  for  receiving  ballots  under  such  rules 
as  the  Board  of  Directors  may  prescribe.  The 
names  of  all  candidates  for  election  who  do  not 
receive  five  or  more  negative  votes,  shall  be 
read  to  the  Convention  and  declared  to  be  duly 
elected  as  Fellows  of  the  American  Institute 
of  Architects. 


Rejected  candidates  are  not  eligible  for 
election  at  the  next  Annual  Convention. 

SiXTiON  3.  Nomenclature. 

leliowship  in  the  Institute  shall  be  desig- 
nated by  the  initials  "F.  A.  I.  A." 

ARTICLE  III 

the  honorary  class 

Section  i. 

There  shall  be  within  the  Institute  an  Honor- 
ary Class,  composed  of  persons  not  eligible  to 
rnembership,  who  have  rendered  the  profession 
signal  and  valuable  service,  and  who  have  con- 
spicuously upheld  its  aims.  This  class  shall 
consist  of  two  groups  of  equal  standing  and 
dignity,  known  respectively  as  Honorary 
Corresponding  Members  and  Honorary  Mem- 
bers. 

Section  2.  Honorary  Corresponding  Members. 

Any  architect  not  residing  or  practicing 
within  the  jurisdiction  of  the  American  Insti- 
tute of  Architects  may  be  made  an  Honorary 
Corresponding  Member  of  the  American  Insti- 
tute of  Architects,  that  is,  of  a  class  correspond- 
ing to  the  membership  of  the  Institute. 

Section  3.  Honorary  Members. 

Any  person  not  by  profession  an  architect, 
who  shall  have  qualified  in  accordance  with  the 
provisions  set  down  in  section  i  of  this  Article, 
may  be  made  an  Honorary  Member  of  the 
American  Institute  of  Architects. 

Section  4.  Election. 

Honorary  Corresponding  Members  and  Hon- 
orary Members,  as  provided  for  in  this  Article, 
shall  be  nominated  by  vote  of  the  Board  of 
Directors  and  elected  by  a  four-fifths  ballot  of 
the  delegates  in  Annual  Convention  assem- 
bled. 

Section  5.  Privileges. 

Honorary  Corresponding  Members  and  Hon- 
oran,"  Members  shall  not  hold  office  in  the 
Institute  nor  serve  on  the  Board  of  Directors. 
They  shall  be  exempt  from  dues. 

ARTICLE  IV 

SPECIAL    RULES 

Section  i.  Retiring  Members. 

All  Members  who  shall  have  been  actively 
engaged  in  the  honorable  practice  of  their  pro- 
fession for  ten  years  or  more,  and  shall  then 


175 


BY-LAWS 


have  retired  from  active  practice,  and  who  shall 
not  have  engaged  in  any  other  profession, 
business  or  trade,  may  retain  the  rights  and 
obHgations  of  membership,  hut  if  any  such 
shall  thereafter  engage  in  any  other  profession, 
business,  or  trade,  such  membership  shall  then, 
ipso  facto,  cease  and  determine. 

Any  person  who  has  been  a  Member  of  the 
American  Institute  of  Architects,  in  good 
standing  for  ten  years,  upon  attaining  the  age 
of  seventy,  shall,  on  his  application,  be  exempt- 
ed from  the  payment  of  dues,  and  shall  retain 
all  the  privileges  of  the  Institute;  and  the  Board 
of  Directors  may,  upon  similar  application, 
extend  the  same  privilege  to  Members  who  have 
been  in  good  standing  for  ten  years,  and  who 
have  been  compelled  to  retire  from  the  active 
practice  of  architecture  by  reason  of  physical 
disability,  provided  they  do  not  engage  in  any 
other  profession,  business,  or  trade;  but  no 
such  privilege,  granted  by  the  Board  of  Direc- 
tors of  the  Institute,  shall  affect  any  obliga- 
tion of  a  Member  to  his  Chapter. 

Section  2.  Discipline. 

All  questions  of  discipline  of  a  member  shall 
be  determined  in  accordance  with  the  follow- 
ing procedure: 

It  shall  be  competent  for  and  shall  be  the 
duty  of  any  Member  or  committee  of  the 
Institute  or  of  any  Chapter  to  bring  to  the 
attention  of  the  Committee  on  Practice  any 
alleged  unprofessional  conduct  on  the  part  of 
any  Member  without  being  deemed  to  have 
entered  a  formal  complaint  against  such  Mem- 
ber. The  Committee  on  Practice  shall,  when 
its  attention  is  drawn  to  any  such  matter,  con- 
duct a  preliminary  examination  into  the  facts, 
and  if  a  prima  facie  case  shall  appear  against 
a  Member,  it  shall  so  report  to  the  Judiciary 
Committee.  The  Judiciary  Committee  shall 
hear  and  adjudge  every  case  so  reported  to  it 
and  shall  give  the  Member  an  opportunity  to 
be  heard  in  his  own  defense.  Its  findings  shall 
be  conclusive  in  regard  to  all  questions  of  fact 
involved  in  the  evidence  submitted. 

The  Judiciary  Committee  shall  report  its 
findings  to  the  Board  of  Directors.  If  the 
findings  are  adverse  to  a  Member,  the  Board  of 
Directors  shall  take  such  action  thereon  as 
it  shall  see  fit  according  to  the  Constitution. 
A  Member  may  appeal  in  writing  to  the  Board 
of  Directors  on  questions  of  professional  or 
ethical  policy. 

Any  Member  may  appeal  to  the  Committee 
on  Practice  from  any  action  of  a  Chapter 
Executive  Committee  regarding  alleged  unpro- 


fessional conduct.  In  such  case  the  procedure 
shall  be  as  provided  above  in  this  section,  but 
no  decision  of  the  Committee  on  Practice  or 
the  Judiciary  Committee  reversing  the  pre- 
vious action  of  the  Chapter  Executive  Com- 
mittee shall  be  effective  unless  ratified  by  the 
Board  of  Directors.  The  action  of  the  Board 
of  Directors  shall  supersede  the  action  of  the 
Chapter  Executive  Committee. 

If  in  any  case  pending  before  either  the  Com- 
mittee on  Practice  or  the  Judiciary  Committee, 
any  oral  testimony  has  actually  been  given, 
such  committee  shall  have  the  power  to  con- 
tinue and  conclude  its  work  on  that  particular 
case,  notwithstanding  the  expiration  of  the 
term  of  office  of  any  or  all  of  its  Members. 

The  Board  of  Directors  shall,  from  time  to 
time,  establish  rules  of  procedure  for  the 
guidance  of  the  Committee  on  Practice  and  the 
Judiciary  Committee. 

Section  3.  Resignations. 

The  resignation  of  a  Member  may  not  be 
considered  while  charges  involving  discipline 
by  the  Institute  or  the  Chapter  are  standing 
against  him. 

The  resignation  of  a  Member  shall  be  made 
in  writing,  to  the  Board  of  Directors  of  the 
Institute,  and  addressed  to  the  Secretary  of  the 
Member's  Chapter,  who  shall  then  promptly 
submit  it  to  the  Executive  Committee  of  the 
Chapter  for  consideration.  After  considera- 
tion by  the  Executive  Committee  of  the  Chap- 
ter, unless  it  be  withdrawn,  the  resignation, 
together  with  a  statement  regarding  the  Mem- 
ber's financial  obligations  to  the  Chapter,  and 
such  further  comment  as  the  Executive  Com- 
mittee may  deem  desirable,  shall  be  promptly 
forwarded  to  the  Secretary  of  the  Institute  for 
official  action. 

A  resignation  shall  not  release  the  Member 
presenting  it  from  any  obligation  to  the  Insti- 
tute, nor  to  the  Chapter  of  which  he  is  a  mem- 
ber; but  all  interest  in  the  property  of  the 
Institute  or  of  the  Chapter,  of  members 
resigning  or  otherwise  ceasing  to  be  members, 
shall  he  vested  in  the  Institute  and  in  the  Chap- 
ter, respectively,  as  their  interests  appear. 

Section  4.   Termination  of  Membership. 

Termination  of  membership  in  a  Chapter 
can  only  be  brought  about  by  resignation  or 
expulsion  from  the  Institute,  either  of  which 
shall  automatically  terminate  membership  in 
both  Institute  and  Chapter. 

Upon  expulsion,  or  upon  the  acceptance  of 
the  resignation  of  a  Member  by  the  Board  of 


176 


BY-LAWS 


Directors  of  the  Institute,  the  Secretary  of  the 
Institute  shall  promptly  notify  the  Secretary 
of  the  Memher's  Chapter. 

Section    5.   Transfer  of  Chapter  Membership. 

If  any  Member  of  this  Institute  shall  perma- 
nently chanj^e  his  place  of  business  or  his  resi- 
dence to  a  point  outside  the  jurisdiction  of  the 
Chapter  of  which  he  is  a  Member,  or  if  he  shall 
desire  a  transfer  from  the  Chapter  of  his  resi- 
dence to  the  Chapter  of  his  place  of  business, 
or  vice  versa,  he  shall  obtain  from  the  Secre- 
tary of  the  Chapter  from  which  he  is  retiring, 
a  letter  stating  he  is  under  no  financial  (jbliga- 
tions  to  that  Chapter,  and  is  in  good  standing. 
'Ihe  Member  shall  forward  this  letter  to  the 
Secretary  of  the  Institute  with  a  request  for 
transfer  of  assignment  and  the  Secretary  shall 
thereupon  record  such  re-assignment  and  send 
notice  of  it  to  the  Secretaries  of  the  Chapters 
from  which  the  Member  is  retiring  and  to  which 
he  is  newly  assigned. 

Where  five  or  more  Members  of  the  Institute 
unite  to  form  a  Chapter  as  provided  for  in 
these  By-Laws,  they  shall  be  automatically 
transferred  to  the  new  Chapter  upon  the 
issuance  of  its  Charter  by  the  Secretary  of  the 
Institute. 

Section  6.  Reelection. 

If  any  person  who  has  forfeited  or  been 
deprived  of  membership  in  the  Institute 
desires  to  regain  his  membership  therein,  he 
shall  make  application  to  the  Executive  Com- 
mittee of  the  Chapter  to  which,  if  reelected,  he 
would  be  assigned,  stating  in  said  application 
the  reasons  why  he  forfeited  or  was  deprived 
of  his  membership,  whether  all  indebtedness 
to  the  Institute  and  Chapter  has  been  dis- 
charged, and  on  what  grounds  he  bases  his 
application  for  renewed  membership.  Upon 
the  receipt  of  such  an  application,  the  Execu- 
tive Committee  of  the  Chapter  shall  consider 
the  facts,  and  may  call  the  applicant  before  it 
for  interrogation  or  examination.  If  the  deci- 
sion of  the  committee  is  favorable  to  the  appli- 
cant, the  Secretary  of  the  Chapter  shall  report 
the  application  for  reelection  to  the  Board  of 
Directors  of  the  Institute,  endorsing  said  appli- 
cation and  giving  the  reasons  therefor.  The 
Executive  Committee  of  the  Chapter  may  in 
such  cases  recommend  that  the  Board  waive 
the  Institute  initiation  fee  and  may  agree  that 
upon  the  reelection  of  the  applicant,  the  Chap- 
ter initiation  fee  will  also  be  remitted. 

The  Board  of  Directors  shall  consider  only 
such  applications  for  reelection  as  are  endorsed 
by  the  Executive  Committee  of  a  Chapter, 
and    in   such   cases   may,   in   their   discretion, 


reinstate  a  member,  and  may  in  such  cases,  if 
they  see  fit,  waive  the  initiation  fee.  Such 
reinstatement  by  the  Board  will  be  equivalent 
to  election,  as  elsewhere  provided  for  new 
members. 

ARTICLE  V 

INITIATION    FEE    AND    ANNUAL    DUES 

Section  i.  Initiation  Fee. 

The  initiation  fee  of  all  incoming  Members, 
except  Honorary  and  Honorary  Corresponding 
Members,  shall  be  Twenty  Dollars  (}52o).  An 
election  shall  become  void  unless  this  fee, 
together  with  the  first  annual  dues,  the  initia- 
tion fee,  if  any,  of  the  Chapter  to  which  the 
incoming  Member  is  assigned,  and  its  annual 
dues  are  paid  within  three  months  of  notice  of 
election. 

There  shall  be  no  initiation  fee  for  the  Mem- 
ber passing  to  the  rank  of  Eellow. 

Section  2.  Annual  Dues. 

The  annual  dues  of  a  Member  or  a  Fellow 
shall  be  Twenty  Dollars.  Annual  dues  shall 
be  payable  within  the  month  of  January.  The 
dues  of  a  Member,  if  elected  in  July  or  later, 
shall  be,  for  the  balance  of  the  year,  fifty  per 
cent  of  the  annual  dues 

Section  3.  Remission  of  Dues. 

The  Board  of  Directors  may,  in  exceptional 
instances,  and  for  what  they  deem  adequate 
cause,  remit  the  Institute  initiation  fee  or  dues 
of  a  Member  in  whole  or  in  part.  The  gross 
amount  of  all  dues  so  remitted  shall  be  reported 
by  the  Treasurer  at  the  succeeding  annual  con- 
vention. 

Section  4.  Penalty  for  Non-Payment. 

The  names  of  all  Members  who  are  in  arrears 
for  the  annual  dues  to  the  Institute  may,  at  the 
discretion  of  the  Board,  be  read  aloud  at  the 
annual  convention,  or  posted  in  the  Octagon, 
or  both.  Members  in  arrears  for  the  annual 
dues  for  one  year  may  be  dropped  from  the 
Institute  b}'  the  Board. 

Section  5.  Reserve  Fund. 

Fifteen  per  cent  of  the  annual  income  from 
initiation  fees  and  dues  shall  be  set  aside  as  a 
reserve  fund.  This  fund  may  be  disbursed  for 
special  purposes  after  an  appropriation  is 
authorized  by  a  two-thirds  vote  at  any  annual 
convention,  provided  that  such  authorization 
is  preceded  by  a  recommendation  from  the 
Board  of  Directors  or  from  any  Chapter  of  the 


177 


8 


BY-LAWS 


Institute,  and  provided  that  notice  of  such 
recommendation  is  sent  to  all  members  of  the 
Institute  at  least  thirty  days  prior  to  the  Con- 
vention. The  Treasurer  shall  transfer  in  May, 
1920,  ^20,000  from  the  reserve  fund  into  the 
endowment  fund;  and  thereafter  the  Directors 
may  transfer  to  the  endowment  fund  such  por- 
tions of  the  reserve  fund  or  other  available 
mone\'s  or  securities  as  they  deem  wise. 

Section  6.  Endozcment  Fund. 

The  Fifty-third  Annual  Convention  by  the 
adoption  of  this  By-Law  creates  an  endowment 
fund  which  is  intended  to  be  inviolate  as  to  its 
principal  so  long  as  the  American  Institute  of 
Architects  shall  endure. 

The  Board  of  Directors  shall  add  to  the 
principal  of  the  endowment  fund  all  income 
from  the  fund  itself  not  otherwise  duly  appro- 
priated. 

The  endowment  fund  shall  be  invested  by  the 
Board  in  securities  approved  by  law  for  trust 
funds. 

The  income  of  the  endowment  fund  shall  be 
used  only  for  the  maintenance  and  miprove- 
ment  of  the  property  of  the  Institute,  or  for  the 
increase  of  the  principal  of  the  fund. 

ARTICLE  VI 

CHAPTERS 

Section  i.   Territory. 

All  the  territory  of  the  United  States  and 
possessions  is  apportioned  to  the  Chapters  of 
the  American  Institute  of  Architects,  and  all 
Members  of  the  Institute  are,  by  that  fact. 
Members  of  the  Chapters  within  whose  terri- 
tory they  have  their  business  headquarters  or 
to  which  they  are,  at  their  request,  assigned  by 
the  Board  of  Directors  of  the  Institute.  The 
actual  territorial  limits  of  each  Chapter  shall 
be  determined  by  the  Board  of  Directors  of 
the  Institute,  from  time  to  time,  in  its  discre- 
tion. 

Section  2.  Chapters  and  Their  Objects. 

Chapters  of  the  Institute  shall  be  local 
groups  of  Institute  Members,  organized  in 
substantial  conformity  with  a  Standard  Chap- 
ter Constitution  and  the  By-Laws  of  the 
Institute,  and  may  be  incorporated  under  the 
laws  of  the  States  wherein  they  are  located. 
Their  objects  shall  be  harmonious  with  those 
of  the  Institute,  and  they  shall  have  ample 
powers  for  independent  action  in  local  affairs 
in  so  far  as  is  consistent  with  the  Institute 
Constitution. 


Section  3.  Mode  of  Formation. 

Five  or  more  Members  of  the  Institute  may 
unite  to  form  a  Chapter.  They  shall  apply  to 
the  Secretary  of  the  Institute  for  a  charter, 
enclosing  a  copy  of  their  proposed  Constitution 
and  setting  forth  clearly  the  territorial  limits 
desired  by  the  Chapter.  When  the  applica- 
tion has  been  approved  by  the  Board  of  Direc- 
tors, the  Secretar}'  of  the  Institute  shall  issue 
a  formal  charter  to  the  Chapter,  after  which 
it  shall  organize,  and  may  incorporate.  The 
Board  of  Directors  shall  control  the  issuance 
of  charters,  and  may  withdraw  them  for  failure 
to  maintain  the  Constitution  in  its  true  intent 
and  spirit. 

Section  4.  State  Associations. 

In  each  State  where  two  or  more  Chapters 
exist,  a  State  Association  may  be  organized  by 
joint  action  of  the  several  Chapters  for  the 
purpose  of  cooperation  and  to  further  the 
objects  of  the  American  Institute  of  Architects. 
For  the  purpose  of  organization,  a  meeting  may 
be  called  by  the  Presidents  of  all  the  Chapters 
in  the  State  acting  jointly,  at  which  meeting 
the  President  and  Secretary  of  each  Chapter 
shall  be  delegates,  ex  officio,  and  each  Chapter 
shall  be  entitled  to  additional  delegates,  to  the 
total  number  which  the  Chapter  was  privileged 
to  send  to  the  preceding  Annual  Convention  of 
the  Institute.  In  the  absence  of  any  action 
of  the  Chapter  determining  these  additional 
delegates,  the  President  of  each  Chapter  may 
appoint  them.  The  President  of  the  senior 
Chapter  of  the  State  shall  be  chairman  of  this 
organization  meeting,  and  the  Secretary  of  that 
Chapter  shall  be  its  Secretary,  until  the  formal 
organization  of  the  Association.  The  Associa- 
tion shall  always  maintain  a  Constitution  and 
By-Laws  approved  by  the  Directors  of  the 
Institute;  it  shall  meet  when  occasion  requires 
and  determine  its  own  procedure,  reporting 
to  the  Chapters  contributory  to  it  and  to  the 
Secretary  of  the  Institute.  It  shall,  in  each 
State,  be  officially  known  as  the  (name  of  the 
State)  State  Association  of  The  American 
Institute  of  Architects. 

Section  5.  Chapter  Membership. 

The  existing  classes  of  Chapter  Members, 
Honorary  Chapter  Members  and  Correspond- 
ing Chapter  Members,  who  are  not  Institute 
Members,  may,  failing  to  become  Institute 
Members  of  their  respective  classes,  retain 
their  present  titles,  status  and  other  inalienable 
rights,  but  no  further  memberships  of  these 
classes  shall  be  created. 


178 


BY-LAWS 


Excepting  as  above  stated,  niembersliip  in 
Chapters  shall  he  created  by  membership  in 
the  Institute  and  shall  be  inseparable  there- 
from. 

The  amount  of  Initiation  Fee  and  Dues  to 
each  Chapter  shall  be  established  by  the  Chap- 
ter. There  shall  be  no  initiation  fee  recpiired 
where  a  Member  of  the  Institute  is  transferred 
to  one  Chapter  from  another. 

Section  6.  Affiliations. 

Chapters  may,  under  the  limitations  of  Con- 
stitution and  By-Laws,  affiliate  with  them- 
selves, persons  who  are  elipibie,  or  show  prom- 
ise of  eligibility,  to  membership  in  the  Insti- 
tute, and  who  shall  be  known  as  "Associates 
of  the  Chapters,"  but  not  as  "Members."  An 
Associate  may  use  the  title  "Associate  of  the 
(  Namt  of  chapi,r. )  Chapter,  A.  I.  A."  Application 
for  Associate  Membership  shall  be  made  on 
standard  forms,  prescribed  by  the  Institute, 
requiring  evidence  of  the  qualifications  deemed 
necessary  by  the  Board  of  Directors  of  the 
Institute,  and  incorporating  a  pledge  by  the 
applicant  that  he  will  abide  by  the  Constitu- 
tions, By-Laws,  Canons  and  Codes  of  the 
Institute  and  of  the  Chapter  with  which  he 
seeks  affiliation;  that  he  will,  within  three  years 
after  being  elected  to  Associateship,  apply  for 
membership  in  the  Institute,  and,  failing  to 
apply  or  having  applied  and  failed  of  election, 
that  he  will,  automatically,  forfeit  his  Asso- 
ciateship and  all  rights  vested  therein. 

Application  for  Associateship  with  a  Chapter 
shall  be  made  in  duplicate,  sent  to  the  Secre- 
tary of  the  Chapter,  and  referred  by  him  to  the 
Board  of  Directors  or  other  duly  authorized 
Committee  of  the  Chapter,  further  election 
procedure  being  according  to  the  By-Laws  of 
the  Chapter.  Upon  the  election  of  a  candidate 
to  Associateship,  the  Secretary  of  the  Chapter 
shall  promptly  forward  the  duplicate  applica- 
tion of  the  candidate  to  the  Secretary  of  the 
Institute,  noting  thereon  the  date  of  election. 

The  amounts  of  Initiation  Fees  and  Dues  for 
Associates  of  the  Chapters  shall  be  fixed  by  the 
Chapters. 

Associates  shall  not  hold  office  in  the  Chap- 
ters nor  vote  on  Institute  business.  They  may, 
however,  participate  in  discussions  of  same, 
and  where  purely  local  affairs  are  concerned, 
not  contravening  Institute  policies,  they  may 
serve  on  Committees,  make  motions,  partici- 
pate in  discussions  and  vote.  The  decision  of 
the  presiding  officer  at  any  meeting  shall  deter- 
mine what  constitutes  Institute  business  or 
contravenes  Institute  policies,  but  this  decision 


may  be  overruled  by  a  two-thirds  vote  of  the 
Institute  Members  present. 

Associates  having  applied  for  Institute  Mem- 
bership within  three  years  after  their  election, 
and  having  failed  of  election  to  the  Institute, 
may  by  majority  vote  of  the  Board  of  Directors, 
or  other  duly  authorized  committee  of  the 
Chapter  with  which  they  were  affiliated,  be 
reinstated  as  Associates  for  a  further  period  of 
two  years  upon  agreement  that,  after  one  year 
and  before  two  years  from  the  date  of  the  first 
application  for  Membership,  they  will  again 
make  application  for  same,  and  failing  to  apply, 
or  having  applied  and  failed  of  election,  they 
will  automatically  and  finally  forfeit  their 
Associateship  and  all  rights  vested  therein. 

Nothing  iierein  contained  shall  prevent  any 
person  who  has  so  failed  and  forfeited  his 
Associateship  from  making  further  applica- 
tions for  membership  in  the  Institute. 

Any  Chapter  may,  within  the  Associate 
class,  create  an  Honorary  group,  composed  of 
persons  not  eligible  to  membership  in  the  Insti- 
tute, but  who  have  rendered  the  profession 
signal  and  valuable  service  within  the  Chapter 
territory,  and  who  have  conspicuously  upheld 
its  aims.  They  shall  be  known  as  Honorary 
Associates  of  the  Chapter,  shall  not  be  required 
to  apply  for  Institute  membership  and  shall  not 
hold  office  nor  vote.  They  shall  be  exempt 
from  dues. 

Chapters  may  also,  for  cooperation  or  to 
provide  a  recruiting  ground,  affiliate  with 
themselves  other  groups  or  organizations  of 
Architects,  Draftsmen,  Sculptors,  Craftsmen, 
Students,  etc.,  who  shall,  however,  have  no 
connection  with  the  Institute,  no  voice  in 
Chapter  or  Institute  affairs,  nor  any  right  to 
the  use  of  the  name  American  Institute  of 
Architects. 

Section  7.  Organization  of  Chapters. 

Each  Chapter  shall  have  a  President,  one  or 
more  Vice-Presidents,  a  Secretary-Treasurer, 
or  a  Secretary  and  a  Treasurer,  with  such  other 
officers  and  committees  as  may  be  desirable. 

Each  Chapter  shall,  thirty  days  prior  to  the 
Annual  Convention  of  the  Institute,  render  an 
annual  report  to  the  Secretary  of  the  Institute 
upon  the  condition  of  the  Chapter.  This 
report  shall  include  the  number  and  names  of 
all  Members  of  the  Institute,  including  the 
number  and  names  of  Fellows  separatelv,  and 
such  other  information  as  the  Board  of  Direc- 
tors may  require.  Each  Chapter  shall  hold  an 
annual  meeting,  at  which  meeting  the  election 
of  officers    of  the    Chapter   shall    take    place. 


"79 


lO 


BY-LAWS 


Delegates  to  the  Annual  Convention  of  the 
Institute  shall  be  elected  at  this  or  some  other 
duly  announced  meeting. 

Section  8.  Names  of  Chapters. 

Each  Chapter  may,  with  the  consent  of  the 
Board  of  Directors  of  the  Institute,  adopt  or 
retain  any  proper  name  or  title  as  a  prefix  to 
"Chapter  of  the  American  Institute  of  Archi- 
tects." 

Section  9.  Chapter  By-Lazes. 

Each  Chapter  may  enact  By-Laws  for  its 
own  government,  but  they  shall  be  based  on  a 
"Standard  Form  of  Chapter  By-Laws"  pre- 
scribed by  the  Institute,  and  shall  be  approved 
by  the  Board  of  Directors  of  the  Institute 
before  they  are  enacted.  Any  By-Laws  or 
Amendments  thereto,  if  enacted  without  the 
approval  of  the  Board  of  Directors  of  the  Insti- 
tute, may  be  pronounced  by  the  Board  as  in 
conflict  with  the  charter  or  with  the  Constitu- 
tion and  By-Laws  of  the  Institute  and,  ipso 
facto,  void. 

ARTICLE  VII 

DELEGATES 

Section  i.  Determination  of  Delegates. 

The  President,  the  two  Vice-Presidents,  the 
Secretary,  the  Treasurer,  and  the  Members  of 
the  Board  of  Directors  of  the  Institute  shall  be, 
ex  officio,  delegates  at  all  Conventions  of  the 
Institute. 

Past  Presidents  of  the  Institute  shall  have 
all  the  privileges  of  delegates  at  Conventions. 

Delegates  must  be  members  of  the  Institute, 
and  each  Chapter  shall  be  entitled  to  send  two 
delegates,  plus  one  for  every  ten  Institute 
Members  of  the  Chapter.  Thus,  a  Chapter 
containing  nine  Members  may  send  two  dele- 
gates; if  containing  ten  Members,  it  may  send 
three;  if  containing  twenty  Members,  it  may 
send  four,  etc.  The  delegates  of  each  Chap- 
ter shall  be  duly  accredited  by  the  Secretary 
of  their  Chapter,  and  may  at  their  own  option, 
transfer  their  delegate  powers  to  any  other 
non-delegate  Member  of  the  same  Chapter; 
but  such  transfer  once  made  shall  be  final. 
The  Convention  shall  decide  all  questions 
relative  to  the  right  of  delegates  to  sit  in  Con- 
vention. 

Should  any  Chapter,  the  headquarters  of 
which  are  more  than  800  miles  from  the  meet- 
ing place  of  any  Convention,  be  represented 
thereat  by  less  than  its  full  quota  of  delegates, 
then  each  of  its  delegates  so  present  shall  at 
any  division  or  election  be  entitled  to  cast,  in 
addition  to  his  own  vote,  the  vote  of  any 
delegate  or  delegates  of  his  own  Chapter  whose 


proxy   or  proxies  he   may    hold,    but    not    to 
exceed  two  of  such  proxies. 

Section  2.  Privileges  of  Non-Delegates. 

All  Institute  Members  are  privileged  to 
attend  the  Convention  at  all  times,  to  take 
part  in  the  debates,  and  to  offer  resolutions  or 
motions,  which,  if  seconded  by  a  Delegate, 
shall  be  regarded  as  offered  by  a  Delegate  and 
given  equal  consideration,  but,  unless  so 
seconded,  shall  not  be  entertained.  Non- 
delegates  may  vote  only  on  a  proposition  that 
is  "the  sense  of  the  meeting." 

ARTICLE  VIII 

meetings 

Section  i.  Annual  Convention. 

A  Convention  of  the  Institute  shall  be  held 

annually.     The  time  and  place  of  holding  the 

Annual   Convention,   when   not   fixed    by  the 

preceding  Convention,  shall  be  determined  by 

the  Board  of  Directors. 

Section  2.  Special  Meetings. 
Special  meetings  of  the  Institute  may  be 
called  at  any  time  by  the  Board  of  Directors, 
and  shall  be  called  by  the  Secretary,  whenever 
the .  President  or  a  Vice-President  shall  have 
been  so  requested  in  writing  by  not  less  than 
fifty  Fellows,  setting  forth  the  purpose  of  such 
meetings.  At  any  such  special  meeting,  no 
business  other  than  that  specified  in  the  call 
shall  be  considered  except  by  a  three-fourths 
vote  of  the  Delegates  present  and  voting. 
Twenty-five  delegates  shall  constitute  a  quo- 
rum for  the  transaction  of  ordinary  business. 

ARTICLE  IX 

nominations 

Section  i.  By  Members. 

Any  fifteen  members  belonging  to  not  less 

than  two  Chapters  may  nominate  by  petition 

candidates    for    any    office    about    to    become 

vacant,    provided    said    nominations    are   filed 

with  the  Secretary  of  the  Institute  not  less  than 

thirty  days  prior  to  the  Convention  at  which 

the  election  is  to  take  place.     The  Secretary 

shall  remind  each  member  of  his  privilege  of 

nomination  by  petition  at  least  three  months 

before  each  Annual  Convention. 

Section  2.  By  the  Board  of  Directors. 
The  Board  of  Directors  shall,  either  directly 
or  through  a  committee  appointed  for  this 
purpose,  nominate  candidates  for  any  office 
about  to  become  vacant  for  which  no  nomina- 
tions have  been  filed  by  petition  within  thirty 
days  of  any  Annual  Convention. 


180 


BY-LAWS 


II 


Section  3.  Convention  Procedure. 

At  least  two  weeks  before  the  date  set  for 
any  Convention  the  Secretary  shall  send  to 
each  member  the  names  of  any  nominees  for 
office  made  by  petition.  At  the  opening 
session  of  each  Convention,  the  Hoard  of  Direc- 
tors shall  report  its  nominations,  if  any,  made 
under  the  provisions  of  Section  2  of  this  Article. 
At  the  same  session  an  opportunity  shall  he 
given  for  nominations  for  any  ofiice  to  be  made 
from  the  floor.  A  nomination  from  the  floor 
shall  have  at  least  two  seconders. 

ARTICLE  X 

OFFICERS 

Section  1.  Election  of  Officers. 

An  election  of  Officers  of  the  Institute,  as 
enumerated  in  Article  IV  of  the  Constitution, 
shall  be  held  at  each  Annual  Convention.  The 
election  shall  be  by  ballot  of  the  Delegates. 
A  plurality  vote  shall  elect.  The  Officers 
elected  shall  enter  office  upon  adjournment  of 
the  Convention  at  which  elected,  and  shall  hold 
office  until  their  successors  qualify. 

Section  2.  President. 

The  President  shall  be  elected  at  each 
Annual  Convention  to  serve  one  year,  and  he 
may  be  re-elected  for  the  next  following  year, 
but  after  serving  such  second  term  no  President 
shall  be  eligible  to  re-election  until  two  years 
shall  have  elapsed. 

The  President  shall  preside  at  all  meetings  of 
the  Institute  and  shall  be  Chairman  of  the 
Board  of  Directors.  He  may  fill  by  appoint- 
ment vacancies  in  all  committees  except  the 
Judiciary  and  the  Executive  Committees, 
which  vacancies  shall  be  filled  by  ballot  of  the 
Board  of  Directors. 

Section  3.   Vice-Presidents. 

A  First  and  Second  Vice-President  shall  be 
elected  at  each  Annual  Convention  to  serve  for 
one  year,  and  in  case  of  the  absence  of  the 
President  or  of  his  inability  to  act,  his  duties 
shall  devolve  on  the  Vice-Presidents  in  their 
order  of  precedence. 

Section  4.  Secretary. 

The  Secretary  shall  be  elected  at  the  Annual 
Convention,  to  serve  for  one  year. 

The  Secretary  shall  approve  and  sign  the 
records  of  the  Annual  Convention  of  the 
Institute,  of  the  meetings  of  the  Board  of 
Directors,  and  of  the  Executive  Committee. 
The  Secretary  shall  conduct  the  correspond- 
ence of  the  Institute.     He  may  delegate  such 


portions  of  it  as  he  sees  fit  to  the  Executive 
Secretary. 

The  Secretary  shall  he  the  Keeper  of  the 
Seal  of  the  Institute. 

'I  he  Secretary  shall  prepare,  on  behalf  of  the 
Board  of  Directors,  an  annual  report,  which  he 
shall  submit  to  the  Board  for  consideration  and 
approval  at  its  meeting  preceding  the  Annu:il 
Convention. 

The  records  and  correspondence  of  the 
Secretary  shall  at  all  reasonable  times  be  open 
to  the  inspection  of  the  Institute. 

Section  5.  Treasurer. 

The  Treasurer  shall  be  elected  at  the  Annual 
Convention  to  serve  for  one  year.  The 
Treasurer  shall  exercise  an  oversight  over  all 
the  financial  afl^airs  of  the  Institute.  He  shall 
receive  and,  under  the  direction  of  the  Board 
of  Directors,  shall  disburse  the  funds  of  the 
Institute. 

The  Treasurer  shall  place  in  the  hands  of  the 
Executive  Secretary  a  sum  not  to  exceed  the 
amount  of  the  bond  of  that  officer.  He  shall 
reimburse  the  Executive  Secretary  from  time 
to  time,  upon  the  presentation  of  statements 
submitted  by  the  Executive  Secretary,  duly 
approved  as  required  under  Article  XIV. 

The  Treasurer  shall  be  ex  officio  a  member  of 
the  Committee  on  Finance,  and  shall  perform 
such  other  duties  as  the  Board  may  direct. 

The  Treasurer  shall  report  at  the  Annual 
Convention  and,  when  required,  at  any  meet- 
ing of  the  Board  of  Directors. 

Section  6.  Auditing. 

The  books  of  the  Treasurer  and  of  the  Execu- 
tive Secretary  and  of  the  Journal  of  the  Insti- 
tute shall  be  audited  by  chartered,  certified 
accountants  at  least  once  a  year  and  at  such 
other  times  as  the  Board  of  Directors  or  the 
President  may  direct,  but  the  audit  of  the 
books  of  the  Journal  shall  not  be  published. 
The  expense  of  such  auditing  shall  be  paid  for 
by  the  Institute  in  an  amount  not  to  exceed 
the  sum  set  aside  in  the  budget  for  that  purpose. 

ARTICLE  XI 

board  of  directors  and  executive 

committee 

Section  i.  Board  of  Directors. 

There  shall  be  fourteen  Directors,  including 
the  officers  of  the  Institute,  who  are  Directors 
('.V  officio. 

At  each  Annual  Convention,  three  Directors 
shall  be  elected  to  serve  for  three  years,  and  the 
Convention  shall  elect  additional  Directors  to 


i8i 


12 


BY-LAWS 


fill  any  vacancies  that  may  exist  or  are  about  to 
occur  at  the  time  of  said  Convention  and  for 
the  unexpired  term  of  such  vacancies. 

No  Director  whose  term  of  office  has  expired 
shall  be  re-elected  for  the  next  ensuing  term. 
This  provision  does  not  apply  to  ex  officio  mem- 
bers of  the  Board. 

Section  2.  Duties  of  the  Board. 

The  duties  of  the  Board  of  Directors  shall  be 
as  follows:  In  the  interim  between  Conventions 
of  the  Institute,  the  Directors  shall  decide  all 
questions  as  to  the  interpretations  of  the  Con- 
stitution and  By-Laws.  They  shall  in  this 
interim  be  the  custodians  and  conservators  of 
all  the  properties  and  interests  of  the  Institute, 
and  they  shall  have  full  power  and  authority, 
and  it  shall  be  their  duty  to  do  all  things 
(within  the  limitations  fixed  by  the  Constitu- 
tion and  By-Laws)  which,  in  their  opinion, 
shall  be  conducive  to  the  welfare  of  the  Insti- 
tute. 

The  Board  of  Directors  shall  hold  at  least 
two  meetings  in  each  3'ear,  one  within  thirty 
days  after  the  beginning  of  its  term  of  office, 
and  another  within  thirty  days  before  the 
regular  Annual  Convention  of  the  Institute. 
At  the  former  meeting  it  shall  elect  from  its 
membership  an  Executive  Committee  and 
formulate  a  plan  of  action  for  itself  and  for 
said  committee  for  the  ensuing  official  year, 
and  at  the  last-mentioned  meeting  it  shall 
receive  and  act  upon  the  reports  of  officers,  of 
Chapters,  and  of  standing  and  of  special  com- 
mittees, and  shall  prepare  its  annual  report  to 
the  Convention. 

The  Board  of  Directors  shall  establish  the 
qualifications  for  admission  to  Membership, 
and  shall  appoint  a  Board  of  Examiners  to  con- 
duct such  examinations  as  may  be  required. 

The  Board  of  Directors  may  also,  from  time 
to  time,  formulate  and  publish  for  the  informa- 
tion of  the  Institute  such  rules  and  regulations 
as  it  may  deem  expedient  and  necessary  to 
establish  for  the  furtherance  of  the  discharge 
of  its  duties  and  responsibilities.  Five  shall 
constitute  a  quorum  of  the  Board  of  Directors. 

In  the  absence  of  any  provision  therefor 
made  by  the  Institute  in  Convention  assem- 
bled, the  property  of  llic  Institute  shall  be 
vested  in  the  Board  of  Directors. 

The  Board  of  Directors  of  the  Institute  shall 
annually  elect  the  nine  Directors  of  the  Press, 
of  the  American  Institute  of  Architects,  Inc. 
The  Treasurer  of  the  Institute  shall  be  elected 
one  of  the  nine  Directors  of  the  Press. 

Section  3.  Executive  Committee. 
The  above-mentioned  Executive  Committee 
of  the  Board  shall  consist  of  five  Directors,  of 


whom  the  President  and  Secretary  of  the 
Institute  shall  be  two.  The  President  and 
Secretary  of  the  Institute  shall  be  respectively 
Chairman  and  Secretary  of  the  said  Com- 
mittee. Three  shall  constitute  a  quorum  of 
the  Executive  Committee. 

ARTICLE  XII 

STANDING   COMMITTEES 

Section  i.  Standing  Committees. 

There  shall  be  Standing  Committees  as 
follows: 

Committee  on  Practice. 

Judiciary  Committee. 

Committee  on  Contracts. 

Committee  on  Allied  Arts. 

Committee  on  Public  Works. 

Building  Committee. 

Committee  on  Education. 

Committee  on  Competitions. 

Committee    on    Institute    Publications    and 

Public  Information. 
Structural  Service  Committee. 

Section  2.  Mode  oj  Appointment. 

Each  of  the  above  Committees  shall  consist 
of  two  or  more  Members  of  the  Institute, 
except  as  otherwise  herein  provided.  They 
shall  be  annually  appointed  by  the  President. 

Section  3.  Duties. 

The  duties  of  these  Committees  shall  be 
specially  defined  by  the  instructions  they  shall 
from  time  to  time  receive  from  the  Conven- 
tion or  Board  of  Directors. 

The  Committee  on  Institute  Publications 
shall  consist  of  six  members  appointed  in 
January,  1916,  to  serve  respectively  for  periods 
of  one,  two,  and  three  years,  thus  creating  but 
two  vacancies  annually  in  the  membership  of 
the  Committee.  The  President  shall  annually 
fill  the  vacancies,  by  appointment  or  reappoint- 
ment, and  may  also  fill  by  appointment  any 
other  vacancy  on  this  Committee  occurring  at 
any  time.  The  Committee  on  Institute  Pub- 
lications shall  be  empowered  to  elect  its  own 
Chairman,  and  it  shall  have  authority  to 
appoint  such  subcommittees  as  it  may  deem 
to.  be  for  the  best  interests  of  the  work  with 
which  it  is  charged. 

The  Committee  on  Practice  shall  consist  of  a 
Chairman  appointed  by  the  President  and  one 
member  in  each  Chapter  appointed  by  the 
President  upon  the  recommendation  of  the 
Executive  Committee  of  the  Chapter. 

When  any  case  is  brought  to  its  attention  the 
Chairman  sh:ill  designate  three  members  of  the 
Committee,  one  of  whom  may  be  Chairman  of 


182 


BY-LAWS 


13 


the  Committee  on  Practice,  and  the  three  so 
designated  shall  in  rehition  to  such  case  exer- 
cise all  the  functions  and  powers  of  the  Com- 
mittee on  Practice,  except  in  every  case  the 
Chairman  of  the  Committee  shall  make  the 
report.  All  procedure  in  connection  with  the 
duties  of  the  Committee  on  Practice  shall  be 
in  accordance  with  rules  established  by  the 
Hoard  of  Directors. 

The  Judiciary  Committee  shall  consist  of 
three  members  of  the  Board  of  Directors 
elected  annually  by  the  Board. 

ARTICLE  XIII 

I'ERIOD    OF    OFFICE 

All  ofHcers  and  all  committees  of  the  Insti- 
tute, whatever  may  I'e  their  technical  terms  of 
duty,  shall  serve  imtil  their  successors  are  duly 
qualified,  or  until  they  are  themselves  dis- 
charged. 

ARTICLE  XIV 

I-XECUTIVE    SECRETARY 

There  shall  be  an  Executive  Secretary,  not 
necessarily  a  member  of  the  Institute,  who  shall 
be  appointed  by  the  Board  of  Directors,  on 
such  terms  as  the  Board  may  determine,  and 
he  shall  be  directly  responsible  to  the  Board, 
and,  when  the  Board  is  not  in  session,  to  the 
Secretary.  He  shall  have  his  offices  in  the  head- 
quarters of  the  Institute  at  Washington,  and 
vv'ill  have  charge  of  these  offices. 

The  Executive  Secretary  shall  conduct  such 
correspondence  as  may  be  delegated  to  him  by 
the  Secretary.  He  shall  act  as  Recording 
Secretary  at  the  Annual  Convention  and  at  all 
meetings  of  the  Board  of  Directors  and  of  the 
Executive  Committee,  and  also,  when  directed 
by  the  President,  at  meetings  of  Standing  or 
Special  Committees.  The  records  of  the 
Annual  Convention  and  of  the  meetings  of  the 
Board,  and  of  the  Executive  Committee  shall 
be  subject  to  revision  by,  and  shall  be  signed 
by  the  Secretary. 

The  Executive  Secretary  shall,  under  the 
supervision  of  the  Treasurer,  have  charge  of 
the  books  of  accounts  of  the  Institute.  He 
shall  be  under  such  bond  as  may  be  fixed  by 
the  Board.  He  shall  never  hold  funds  of  the 
Institute  in  excess  of  the  amount  of  his  bond. 
The  Treasurer  shall  keep  him  in  current  funds 
by  transferring  moneys  to  his  account  from 
time  to  time,  but  such  transfers  shall  be  made 
only  after  approval  by  the  Treasurer  of  state- 
ments covering  the  expenditure  of  moneys 
previously  transferred. 

All  funds  received  by  any  person  for  the 
Institute  shall  be  delivered  to  the  Executive 


Secretary.  He  shall  immediately  enter  them 
in  the  books  of  account  and  deposit  such  funds 
to  the  credit  of  the  Institute  in  a  bank  to  be 
designated  by  the  Board  of  Directors  and  to 
be  known  as  the  Treasurer's  bank. 

1  he  I'ixecutive  Secretary  shall  make  and 
collect  all  bills  against  members  or  others.  He 
shall  have  charge  of  all  bills  against  the  Insti- 
tute and  shall  keep  an  account  of  same,  and 
shall  present  vouchers  to  the  proper  authorities 
for  approval. 

He  shall  pay  no  bills  against  the  Institute 
except  such  as  are  covered  by  appropriation 
of  the  Board  of  Directors.  All  vouchers 
covering  bills  against  the  Institute  connected 
with  the  Conventions,  the  Board  of  Directors, 
or  the  Executive  Committee  shall  be  approved 
by  the  Treasurer.  All  vouchers  covering  bills 
against  the  Institute  connected  with  the  work 
of  committees  shall  be  approved  by  the  chair- 
man of  each  committee  and  the  Treasurer. 

He  shall  perform  such  other  duties  as  the 
Board  may  direct. 

The  records  and  correspondence  of  the  Exe- 
cutive Secretary,  except  in  relation  to  the 
qualifications  for  candidates  for  membership 
shall  at  all  reasonable  times  be  open  for  inspec- 
tion by  members  of  the  Institute. 

ARTICLE  XV 

OFFICES    OF   THE    INSTITUTE 

The  office  of  the  Institute  in  the  State  of 
New  York  shall  be  the  office  of  the  New  York 
Chapter  of  the  American  Institute  of  Archi- 
tects in  the  city  of  New  York.  The  Institute 
shall  also  have  an  office  at  the  Octagon  in  the 
city  of  Washington  in  the  District  of  Columbia, 
and  also  at  such  other  places  as  any  Annual 
Convention  may  establish. 

ARTICLE  XVI 

AMENDMENT   OF    BY-LAWS 

These  By-Laws  may  be  amended  at  any  Con- 
vention of  the  Institute  by  a  two-thirds  vote 
of  the  delegates  present  and  voting,  provided 
notice  of  any  proposed  amendment  shall  have 
been  sent  to  each  member  at  least  thirty  days 
before  the  amendment  is  to  be  voted  upon. 

The  Secretary  of  the  Institute  shall  send  out 
copies  of  any  proposed  amendment  to  all 
members  at  least  thirty  days  before  such 
amendment  is  to  be  voted  upon,  provided  that 
he  receives  a  copy  of  the  proposed  amendment, 
approved  by  vote  of  the  Board  of  Directors, 
endorsed  by  a  Chapter  at  one  of  its  meetings, 
or  signed  individually  by  at  least  ten  members, 
at  least  forty  days  before  the  amendment  is  to 
be  voted  upon. 


181 


Appendix  R 

Chapter  Constitution  and  By-Laws 

CONSTITUTION 

AND   BY-LAWS 

OF  THE 

WASHINGTON  CHAPTER 

AMERICAN  INSTITUTE  OF  ARCHITECTS 


Constitution 


ARTICLE  I 

NAME 

This  society  is  an  organization  of  Members 
of  the  American  Institute  of  Architects  and 
Chapter  members  elected  prior  to  December  7, 
1916.  It  exists  by  authority  of  a  charter 
granted  by  the  Institute  in  accordance  with  its 
By-Laws  Sept.  21,  18S7  and  the  name  of  the 
society  is  the  Washington  Chapter  of  the 
American  Institute  of  Architects. 

ARTICLE  II 

TERRITORY 

The  territorial  limits  of  this  Chapter  shall  be 
as  determined  by  the  Board  of  Directors  of  the 
Institute,  from  time  to  time,  in  their  discretion, 
and  the  headquarters  shall  be  in  the  City  of 
Washington,  District  of  Columbia. 

ARTICLE  Hi 

OBJECTS 

The  purpose  of  this  Chapter  is  to  promote  the 
objects  and  ideals  of  the  American  Institute  of 
Architects  within  its  territorial  limits,  to  unite 
its  Members  and  Affiliates  in  fellowship,  and  to 
combine  their  efforts  so  as  to  promote  the 
aesthetic,  scientific  and  practical  efficiency  of 
the  profession,  and  to  make  the  profession  of 
ever-increasing  service  to  society,  to  cooperate 
in  the  betterment  of  the  community  and  to 
assist  in  the  upbuilding  and  improvement  of 
the  National  Capital. 

ARTICLE  IV 

MEMBERS 

This  Chapter  shall  consist  of  Members,  Fel- 
lows, and  Honorary  Members  of  the  Institute. 


Institute  Membership  shall  be  the  prerequisite 
of  Membership  in  this  Chapter,  excepting  in 
the  case  of  those  who,  by  virtue  of  election  to 
membership  in  the  Chapter  prior  to  December 
7,  1916,  may  have  acquired  inalienable  rights 
thereto. 

ARTICLE  V 

AFFILIATES 

This  Chapter  may  affiliate  with  itself  persons 
who  shall  be  known  as  Associates  of  the  Wash- 
ington Chapter  of  the  American  Institute  of 
Architects,  but  not  as  Members,  and  among  such 
Associates  it  may  create  an  honorary  group  who 
shall  be  known  as  Honorary  Associates  of  the 
Washington  Chapter  of  the  American  Institute 
of  Architects.  The  condition  of  such  Associate- 
ship  shall  be  as  defined  in  the  By-Laws. 

This  Chapter  may  also  affiliate  with  itself,  for 
purposes  of  cooperation,  or  to  provide  a  re- 
cruiting ground,  other  groups  or  organizations 
which  shall  have  no  connection  with  the  Insti- 
tute, no  voice  in  the  affairs  of  the  Institute  or 
Chapter,  nor  any  right  to  the  use  of  the  name 
American  Institute  of  Architects. 

ARTICLE  VI 

OFFICERS 

The  officers  of  this  Chapter  shall  be  a  Pres- 
ident, one  or  more  Vice  Presidents,  a  Secretary- 
Treasurer,  or  a  Secretary  and  a  Treasurer  and 
an  Executive  Committee  which  shall  consist  of 


(3) 


184 


4 


BY-LAWS 


the  aforementioned  officers,  ex  officio,  and  such 
additional  members  as  are  provided  in  the  By- 
Laws  of  the  Chapter. 

All  officers  of  this  Chapter  shall  be  Members 
or  Fellows  of  the  American  Institute  of  Archi- 
tects, excepting  in  those  cases  where  an  inalien- 
able right  to  hold  office  may  have  been  created 
by  an  election  to  membership  in  the  Chapter 
prior  to  December  7,  1916. 

ARTICLE  VII 

MEETINGS 

This  Chapter  shall  hold  an  annual  meeting 
at  which  its  officers  shall  be  elected  and  such 
other  meetings  as  are  provided  in  the  By-Laws. 


ARTICLE  VIII 

AMENDMENTS 

This  Constitution  may  be  added  to,  altered, 
or  amended  at  any  regular  meeting  of  the 
Chapter,  at  which  a  quorum  is  present,  by  a 
two-thirds  vote  of  all  Members  then  present 
provided  the  proposed  change  shall  have  been 
previously  discussed  at  either  a  regular  or 
special  meeting,  and  further  provided  a  copy 
of  said  proposed  change  shall  have  received  the 
approval  of  the  Board  of  Directors  of  the  Insti- 
tute and  shall  have  been  mailed  to  every  Mem- 
ber and  Chapter  member  at  his  last  known 
address,  together  with  a  notice  of  the  meeting 
at  which  it  is  to  be  acted  upon,  at  least  twenty 
days  before  the  date  set  for  the  said  meeting. 


By-Laws 


ARTICLE  I 

CONDITIONS    OF    MEMBERSHIP    AND 
ASSOCIATESHIP 

Section  i.  General  Conditions  of  Membership. 

All  Members  and  Fellows  of  the  American 
Institute  of  Architects,  whose  names  appeared 
upon  the  membership  roll  of  this  Chapter  on 
December  7,  1916,  and  who  have  not  forfeited 
such  membership,  are  Members  of  this  Chapter. 

All  Members  and  Fellows  of  the  Institute 
who,  in  accordance  with  the  Institute  By-Laws 
are  re-assigned  from  any  other  Chapter  of  the 
Institute  to  this  Chapter  shall,  by  that  fact, 
become  Members  of  this  Chapter. 

All  persons  duly  elected  to  membership  in 
the  Institute  after  December  7,  1916,  and,  upon 
said  election,  assigned  to  this  Chapter  shall, 
upon  payment  of  initiation  fees  and  current 
dues  to  Institute  and  Chapter,  be  Members  of 
the  Chapter. 

When  a  notice  is  received  by  the  Secretary 
of  the  Chapter  from  the  Secretary  of  the  Insti- 
tute, announcing  the  application  of  a  person 
for  Institute  membership  and  assignment  to 
this  Chapter,  the  Secretary  of  the  Chapter 
shall  promptly  notify  the  Executive  Com- 
mittee of  the  Chapter  of  said  application,  and  it 
shall  then  be  the  duty  of  the  said  Committee  to 
consider  the  qualifications  for  membership  of 
the  applicant,  and  to  report  its  findings  to  the 
Secretary  of  the  Institute  witliin  tiie  time 
allotted  by  the  Institute  for  privileged  com- 
munications. 


Section  2.  General  Conditions  of 
Associateship. 

There  shall  be  affiliated  with  this  Chapter  a 
group  of  persons  who  are  eligible,  or  who  show 
promise  of  eligibility,  to  membership  in  the 
Institute,  and  who  shall  be  known  as  Asso- 
ciates of  the  Washington  Chapter  of  the 
American  Institute  of  Architects. 

Any  person  desiring  to  become  an  Asso- 
ciate of  this  Chapter  shall  be  provided  with  a 
standard  form  of  application  for  Associateship, 
prescribed  by  the  Institute,  outlining  the  qualifi- 
cations deemed  necessary,  requiring  evidence 
thereof,  and  incorporating  a  pledge  that  the 
applicant  will  abide  by  the  Constitution, 
By-Laws,  Canons  and  Codes  of  the  Insti- 
tute and  of  the  Chapter  with  which  he  seeks 
associateship,  and  that  he  wilt,  within  three 
years  after  election  to  associateship,  apply  for 
membership  in  the  Institute  and,  failing  to 
apply  or  having  applied  and  failed  of  election, 
that  he  will  automatically  forfeit  his  associate- 
ship  and  all  rights  vested  therein. 

The  applicant  shall  fill  out  and  sign  this  form 
in  duplicate  and  shall  secure,  as  endorsement 
of  his  application,  the  signatures  of  three  (3) 
Members  of  the  Chapter.  1  he  application 
shall  then  be  presented  to  the  Secretary  of  the 
Chapter,  who  shall  thereupon  refer  it  to  the 
Executive,  or  other  duly  authorized.  Com- 
mittee of  the  Chapter,  and  shall  notify  all 
Members,  Chapter  Members  and  Associates 
of  the  application,  requesting  from  them, 
within  thirty  days,  privileged  communications 


18s 


BY-LAWS 


5 


upon  the  desirability  of  the  applicant.  Every 
such  communication  shall  be  signed  and 
objections  must  be  accompanied  by  the  reasons 
therefor.  These  communications  shall  be  can- 
vassed by  the  Executive,  or  other  duly  author- 
ized, Committee  who  shall  thereupon  decide 
as  to  the  desirability  of  the  proposed  associate. 
If  this  decision  is  adverse  to  the  applicant,  his 
application  shall  be  rejected  and  he  shall  be  so 
notified.  If  this  decision  is  favorable  to  the 
applicant,  his  qualifications  shall  then  be  con- 
sidered by  the  Executive,  or  other  duly  author- 
ized, Committee  who  may  call  the  applicant 
before  them  for  examination  or  require  the 
submission  of  drawings  or  photographs  of  his 
work  or  both.  All  information  concerning  the 
proposed  Associate  shall  then  be  made  available 
to  the  Executive  Committee  of  the  Chapter, 
who  shall  ballot  upon  the  name  of  the  applicant 
for  election  and  two  negative  ballots  shall 
reject;  otherwise  the  applicant  shall  be  declared 
elected,  and  the  Secretary  of  the  Chapter  shall 
then  promptly  forward  the  dupplicate  applica- 
tion for  Associateship  to  the  Secretary  of  the 
Institute,  noting  thereon  the  date  of  election. 
The  applicant  also  shall  be  promptly  notified  of 
his  election  by  the  Secretary  of  the  Chapter, 
and  upon  payment  to  the  Treasurer  of  his 
initiation  fee  and  current  dues,  shall  become  an 
Associate  of  the  Chapter. 

A  rejected  applicant  cannot  again  apply  for 
admission  within  a  year  after  the  date  of  his 
rejection. 

Section  3.  Honorary  Associates. 

There  shall  be  affiliated  with  this  Chapter  a 
group  of  persons,  not  eligible  to  membership 
in  the  Institute,  but  who  have  rendered  the 
profession  signal  and  valuable  service  within 
the  Chapter  territory  and  have  conspicuously 
upheld  its  aims.  They  shall  be  known  as 
Honorary  Associates  of  the  Washington  Chap- 
ter of  the  American  Institute  of  Architects,  and, 
upon  the  recommendation  of  the  Executive 
Committee  of  the  Chapter,  may  be  elected  at 
any  monthly  or  annual  meeting  by  ballot, 
provided  due  notice  of  the  meeting  and  the 
names  to  be  then  considered  shall  have  been 
sent  to  all  Members,  Chapter  Members  and 
Associates.  A  three-fourths  vote  of  all  Mem- 
bers, Chapter  Members  and  Associate  present 
shall  be  necessary  to  elect. 

Section  4.  Chapter  Members. 

Those  who  were  duly  elected  to  non-Institute 
membership  in  this  Chapter  prior  to  December 


7,  1916,  may  retain  their  present  status  and 
such  rights  as  they  may  have  acquired  by  vir- 
tue of  said  election.  They  shall  be  known  as 
Chapter  Members. 

Section  5.  Honorary  Chapter  Members. 

Honorary  Chapter  Members  and  correspond- 
ing Chapter  Members,  who  were  duly  elected 
to  this  Chapter  prior  to  December  7,  1916,  may 
retain  their  present  status  and  such  rights  as 
they  may  have  acquired  by  virtue  of  said 
election. 


ARTICLE  II 

PRIVILEGES 

Section  i.  Privileges  of  Members. 

Members  only  may  vote  for  delegates  to 
conventions  of  the  Institute,  on  any  question 
involving  instruction  of  delegates  to  such  con- 
ventions, and  on  matters  submitted  by  the 
Institute  for  consideration  or  report  by  its 
Chapters,  or  on  any  other  Institute  business. 

When  a  vote  is  to  be  taken  at  any  meeting, 
the  announced  decision  of  the  chair  shall  deter- 
mine what  constitutes  Institute  business  or 
contravenes  Institute  policies,  but  an  appeal 
may  be  taken  from  this  decision  by  any  Mem- 
ber, Chapter  Member,  or  Associate.  When 
such  an  appeal  is  taken,  the  question  shall  be 
only  on  sustaining  the  ruling  of  the  chair  and 
shall  be  voted  on  only  by  Members.  A  two- 
thirds  vote  is  necessary  to  overrule  the  decision 
of  the  chair. 

Except  as  otherwise  provided  in  Sec.  3  of 
this  article.  Members  only  shall  be  entitled 
to  hold  office  or  to  serve  on  the  Executive 
Committee  of  the  Chapter. 

Section  2.  Privileges  of  Associates. 

Associates  may  not  hold  office  in  the  Chap- 
ter nor  vote  on  Institute  business.  They 
may,  however,  participate  in  all  discussions, 
and  where  purely  local  affairs  are  concerned, 
not  contravening  Institute  policies,  they  may 
serve  on  Committees,  make  motions  and  vote. 


Section  3.     Privileges   of  Chapter   Members. 

Chapter  Members  may  retain  such  inalien- 
able privileges  as  may  have  inured  to  them 
through  their  election  to  Chapter  membership 


186 


BY-LAWS 


prior  to  December  7,  1916,  hut  may  not  other- 
wise hold  office  in  the  Chapter  nor  vote  on 
Institute  business.  Jhey  may,  however,  par- 
ticipate in  all  discussions,  and  where  purely 
local  affairs  are  concerned,  not  contravening 
Institute  policies,  they  may  serve  on  Commit- 
tees, make  motions  and  vote. 

Section  4.   Privileges  of  tiie   Honorary  Class. 

Honorary  Associates,  Honorary  Chapter 
Members  and  Corresponding  Chapter  Members 
shall  not  be  entitled  to  vote  or  to  hold  office, 
but  may  serve  on  committees  having  no  con- 
nection with  Institute  affairs. 


ARTICLE  III 

INITIATION    FEF.    AND    DUES 

Section  i.  Fiscal  Year. 

The  fiscal  year  of  this  Chapter  sliall  be  the 
calendar  year  beginning  January  I  and  ending 
December  31. 

Section  2.   Initiation  Fees. 

The  initiation  fee  of  a  Member  entering 
the  Chapter  by  assignment,  upon  election  to 
the  Institute,  shall  be  Ten  Dollars  and  shall  be 
due  and  payable  to  the  Treasurer  of  the  Chap- 
ter upon  notice  of  election  and  assignment. 

The  initiation  fee  of  an  Associate  shall  be 
Ten  Dollars  and  shall  be  due  and  payable  to  the 
Treasurer  of  the  Chapter  upon  notice  of  elec- 
tion. 

There  shall  be  no  initiation  fee  for  members 
entering  the  Chapter  by  transfer  from  any 
other  Chapter  of  the  Institute,  nor  for  Honor- 
ary Associates  elected  to  this  Chapter,  nor 
for  Chapter  Members  or  Associates  of  this 
Chapter  elected  to  the  Institute  and  assigned 
to  membership. 

Section  3.  Annual  Dues. 

The  annual  dues  to  the  Chapter  for  Mem- 
bers shall  be  Ten  Dollars;  for  Associates 
Ten  Dollars  and  for  Chapter  Members  Ten 
Dollars.  Any  Member  Associate  or  Chapter 
Member  who  has  both  his  residence  and  his 
place  of  business  outside  the  District  of  Co- 
lumbia shall  pay  one-half  of  the  annual  dues 
above  prescribed. 


I  louorary  Associates,  Honorary  Chapter 
Members  and  Corresponding  Chapter  Members 
shall  pay  no  dues. 

Sfxtion  4.  When  Payable. 

Annual  dues  are  payable  in  advance  on  the 
first  day  of  January,  but  payment  may  be  made 
in  two  equal  semi-annual  installments,  one  on 
January  first  and  one  on  July  first.  Any  per- 
son who  is  assigned  to  Membership  or  elected 
to  Associateship  on  or  after  July  first  shall  pay 
only  the  second  semi-annual  installment. 

SiccTioN    5.  Non-Payment    of   Initiation    Fee 
and  Dues. 

Every  person  elected  to  Associateship  shall, 
within  three  months  after  notice  thereof,  paj' 
to  the  1  rcasurer  the  initiation  fee  and  the 
current  dues.  Failure  to  comply  with  the 
above  requirements  shall  be  deemed  a  declina- 
tion of  election  to  Associateship  and  said 
election  shall  thereupon  become  void. 

If  a  Member,  assigned  to  this  Chapter  upon 
election  to  the  Institute,  shall  fail  to  pay  the 
Chapter  initiation  fee  and  current  dues  to  the 
Treasurer  of  the  Chapter  within  three  months 
after  his  election  and  assignment,  the  Treasurer 
shall  report  his  case  to  the  Executive  Com- 
mittee of  the  Chapter  who  may,  in  their  dis- 
cretion, report  his  delinquency  to  the  Secre- 
tary of  the  Institute  and  request  that  his 
election  and  assignment  be  declared  void. 

Any  Associate  or  Chapter  Member  who 
shall  be  one  year  in  arrears  for  dues  shall  be 
notified  by  the  Treasurer  of  this  fact  and  of  the 
penalty  herein  provided,  and  should  he  neglect 
payment  of  his  indebtedness  for  thirty  days 
thereafter,  his  name  shall  be  dropped  from  the 
rolls  and  his  connection  with  the  Chapter  shall, 
by  that  fact,  terminate.  Provided,  neverthe- 
less, that  the  Executive  Committee  of  the 
Chapter  may.  at  its  discretion,  remit  the  said 
penalty  and  the  Secretary  of  the  Chapter  shall 
then  record  the  action  on  the  minutes  of  the 
Committee. 

Any  Member  who  shall  be  one  year  in 
arrears  for  dues  shall  be  notified  by  the  Treas- 
urer of  the  fact  and  of  the  penalty  herein  pro- 
vided and  should  ho  neglect  payment  of  his 
indebtedness  for  thirty  days  thereafter,  the 
Treasurer  shall  report  his  case  to  the  Execu- 
tiv-e  Committee  of  the  Chapter  who  may,  in 
its  discretion,  remit  the  penalty  or  report  his 
delinquency  to  the  Board  of  Directors  of  the 
Institute  with  the  request  that  he  be  dropped 
from  the  roll  of  membership  or  expelled. 


187 


BY-LAWS 


ARTICLE  IV 


SPECIAL    RULES 


Section  i.  Remission  of  Dues. 

The  Chapter  may,  at  any  regular  meeting, 
remit  the  dues  of  a  Member  Associate  or 
Chapter  Member  who  is  called  away  from  the 
practice  of  his  profession  in  the  service  of  his 
country.  This  action  may  be  taken  without 
previous  notice,  upon  motion  duly  seconded, 
and  the  affirmative  vote  of  two-thirds  of  those 
present  shall  carry. 

Any  Member,  Associate  or  Chapter  Mem.ber 
who  has  paid  dues  for  one  year  or  more,  and 
who  is  absent  from  the  United  States  and  its 
possessions  for  a  continuous  period  of  one  year 
or  more,  shall  be  exempt  from  the  payment  of 
dues  for  the  semi-annual  periods  during  the 
whole  of  which  he  is  absent,  provided  he  shall 
apply  to  the  Secretary  of  the  Chapter,  in 
writinti,  for  such  exemption. 

Any  Member  who  has,  for  a  continuous  period 
of  ten  years,  been  in  good  standing  in  the 
Institute  and  has  reached  the  age  of  seventy 
years  or  has  been  compelled  to  retire  from  the 
active  practice  of  architecture  because  of 
physical  disability  may,  at  the  discretion  of  the 
Executive  Committee  of  the  Chapter,  be 
exempted  from  the  payment  of  dues,  and  retain 
all  the  privileges  of  Membership  so  long  as  he 
does  not  engage  in  any  other  profession,  busi- 
ness or  trade;  but  no  Member  shall  be  entitled 
to  such  exemption  from  Chapter  dues  because 
of  any  similar  exemption  granted  him  by  the 
Board  of  Directors  of  the  Institute. 

Section  2.  Termination  of  Membership. 

Termination  of  membership  in  either  Insti- 
tute or  Chapter,  whether  by  resignation,  ex- 
pulsion or  otherwise,  shall  automatically  ter- 
minate membership  in  both.  All  interest  in 
the  property  of  the  Chapter  or  of  the  Institute, 
of  Members,  Associates,  or  Chapter  Mem- 
bers, who  for  any  reason  cease  to  be  such, 
shall  be  vested  in  the  Chapter  and  the  Insti- 
tute, respectively,  as  their  interests  may  appear. 

Section  3.  Resignations. 

The  resignation  of  a  Member  shall  be  made 
in  writing  to  the  Board  of  Directors  of  the 
Institute  and  addressed  to  the  Secretary  of 
the  Chapter  who  shall  then  promptly  submit 
it  to  the  Executive  Committee  of  the  Chapter 
for  consideration.  After  consideration  by  the 
Executive  Committee  of  the  Chapter,  unless  it 
be  withdrawn,  the  resignation,  together  with 


a  statement  regarding  the  Member's  financial 
obligations  to  the  Chapter  and  such  further 
comment  as  the  Executive  Committee  may 
deem  desirable,  shall  be  promptly  forwarded 
to  the  Secretary  of  the  Institute  for  official 
action.  The  resignation  of  a  Member  may 
not  be  considered  while  charges,  involving 
discipline  by  the  Institute,  are  standing 
against  him. 

The  resignation  of  an  Associate  or  a  Chap- 
ter Member  shall  be  made  in  writing  to 
the  Executive  Committee  of  the  Chapter  and 
addressed  to  the  Secretary.  A  resignation 
shall  not  release  the  person  making  it  from  any 
obligations  to  the  Chapter.  Whenever  a  resig- 
nation is  accepted  from  the  affiliated  group 
of  Associates,  the  Secretary  of  the  Chapter 
shall  promptly  notify  the  Secretary  of  the 
Institute  of  the  resignation  and  the  date  of  its 
acceptance.  The  resignation  of  a  Chapter 
Member  need  not  be  reported  to  the  Secretary 
of  the  Institute.  The  resignation  of  an  Asso- 
ciate or  a  Chapter  Member  may  not  be  con- 
sidered nor  accepted  while  charges,  involving 
discipline  by  the  Executive  Committee  of  the 
Chapter,  are  standing  against  him. 

Section  4.  Discipline. 

If  the  conduct  of  any  Member,  Associate 
or  Chapter  Member,  brought  in  writing  to 
the  attention  of  the  Executive  Committee  of 
the  Chapter,  shall  appear  to  be  injurious  to  the 
interests  of  the  Chapter  or  the  Institute,  or 
contrary  to  the  Canons,  Codes,  Constitutions 
and  By-Laws  of  either,  the  Executive  Commit- 
tee shall  inform  him  thereof  in  writing,  furnish 
him  with  a  specification  of  the  charges,  and  give 
him  not  less  than  two  weeks  notice  of  a  meeting 
at  which  he  may  appear  before  the  Committee. 

After  a  fair  and  impartial  hearing  at  this 
meeting,  or  in  the  event  of  the  failure  of  the 
Member  to  appear  or  to  present  a  defense,  the 
Committee  may,  if  it  finds  against  a  Mem- 
ber in  a  case  where  punishment  does  not 
involve  suspension  or  expulsion,  determine  and 
effect  such  punishment  as  it  deems  fitting. 
If  it  finds  agamst  a  Member  m  a  case  involv- 
ing, in  the  opinion  of  the  Committee,  suspen- 
sion or  expulsion,  it  shall  report  the  case  and  the 
result  of  the  investigation  to  the  Chapter  at  the 
next  meeting  thereof  and  on  a  majority  vote  of 
the  Members  present  the  Committee  shall 
forward  the  charges  and  report  to  the  Cliairman 
of  the  Committee  on  Practice  of  the  Institute 
for  such  further  action  as  is  provided  by  the 
Institute  By-Laws. 

Notwithstanding  any  action  by  the  Execu- 
tive Committee  under  the  preceding  provision 
any  such  case  may  be  appealed  to  the  Institute 


8 


BY-LAWS 


Committee  on  Practice  for  action,  as  piovided 
l>y  the  Institute  I}y-Laws.  liecord  of  every  such 
investigation  hy  tlie  Executive  Committee,  and 
the  action  taken  shall  he  promptly  repf)rted  to 
tiie  Committee  on  Practice  of  the  Institute  for 
record. 

After  a  fair  and  impartial  liearing  conducted 
the  same  as  for  Institute  Members,  the  Com- 
mittee shall,  if  it  finds  against  an  Associate, 
or  Chapter  Member,  recommend  the  punish- 
ment, which  may  he  suspension,  censure,  or 
expulsion.  The  defendant  shall  then  he  in- 
formed in  writing  of  the  Committee's  decision 
and  recommendation  and  given  at  least  two 
weeks'  notice  of  a  regular  or  special  meeting 
of  the  Chapter  at  which  the  Committee's 
findings  shall  be  submitted  for  confirmation  by 
the  Chapter.  At  tliis  meeting  the  Committee's 
report  shall  be  presented,  the  defendant  shall 
be  given  the  opportunity  to  be  heard  in  his 
own  defense  and  shall  then  withdraw  from  the 
meeting  and  the  question  shall  be  on  sus- 
taining the  ruling  of  the  Committee.  A 
majority  vote  of  Members,  Chapter  Members 
and  Associates  present  is  necessary  to  override 
the  decision  of  the  Committee. 

Section  5.  Transfers  of  Membership. 

If  any  Member  of  this  Chapter  shall  estab- 
lish his  residence  or  his  place  of  business  within 
the  territory  of  another  Chapter  and  shall  de- 
sire a  transfer  of  membership  to  that  Chapter, 
he  shall  apply  to  the  Secretary  of  this 
Chapter  for  a  letter  to  the  Secretary  of  the 
Institute  stating  that  he  is  in  good  standing  in 
this  Chapter  and  under  no  financial  obligations 
to  it:  the  Secretary  of  the  Chapter  shall,  upon 
such  application,  and  if  the  facts  justify  it. 
issue  such  a  letter  and  preserve  a  copy  thereof 
in  the  files  of  the  Chapter.  The  Member  shall 
then  forward  this  letter,  together  with  the 
name  of  the  Chapter  to  which  he  is  requesting 
re-assignment,  to  the  Secretary  of  the  Insti- 
tute, who  will  thereupon  make  and  record  such 
re-assignment  and  send  written  notice  thereof 
to  the  Secretaries  of  both  Chapters. 

If  any  Member  of  this  Chapter  shall  estab- 
lish both  his  residence  and  his  place  of  business 
outside  the  territory  of  this  Chapter,  he  shall 
apply  for  a  transfer  to  the  Chapter  in  the  ter- 
ritory^ of  which  his  residence,  or  his  place  of 
business,  or  both  shall  be  established:  failing 
to  make  such  application,  the  Secretary  of  the 
Institute  shall,  upon  the  request  of  either  or 
both  Chapters  concerned,  and  provided  the 
Member  is  in  good  standing  and  under  no 
financial  obligations  to  this  Chapter,  make  such 
transfer  of  membership  and  send  notification 
thereof  to  the  Member. 


Section  6.  Re-Election. 

If  any  person  who  has  forfeited  or  been  de- 
prived of  membership  in  the  American  Insti- 
tute of  Architects  has  his  residence  or  his  place 
of  business  within  the  territory  of  this  Chapter, 
and  desires  to  regain  his  Membership  in  the 
Institute,  he  shall  make  application  to  the 
Executive  Committee  of  the  Chapter  through 
the  Secretary,  stating  in  said  application  the 
reasons  why  he  forfeited  or  was  deprived  of  his 
Membership,  whether  all  indebtedness  to  the 
Institute  and  Chapters  has  been  discharged, 
and  on  what  grounds  he  bases  his  application 
for  renewed  Membership.  Upon  the  receipt 
of  such  an  application,  the  Executive  Com- 
mittee of  the  Chapter  shall  consider  the  facts, 
and  may  call  the  applicant  before  it  for  inter- 
rogation or  examination.  If  this  decision  of 
the  Committee  is  favorable  to  the  applicant, 
the  Secretary  of  the  Chapter  shall  report  the 
application  for  re-election  to  the  Board  of  Di- 
rectors of  the  Institute,  endorsing  said  re-appli- 
cation and  giving  the  reasons  therefor.  The 
Executive  Committee  of  the  Chapter  may  in 
such  cases  recommend  that  the  Institute  Board 
waive  the  Institute  initiation  fee  and  may  agree 
that,  upon  the  re-election  of  the  applicant,  the 
Chapter  initiation  fee  will  also  be  remitted. 

Section  7.  Reinstatement  of  Associates. 

Where  an  Asociate  has  applied  for  Institute 
Membership  within  three  years  after  his  election 
to  Associateship,  and  has  failed  of  election  to 
the  Institute,  the  Executive,  or  other  duly 
authorized.  Committee  of  the  Chapter  may,  by 
majority  vote,  reinstate  him  as  an  Associate 
for  a  further  period  of  two  years,  upon  his 
agreement  that,  after  one  year  and  before  two 
years  from  the  date  of  his  first  application  for 
Membership  in  the  Institute,  he  will  again 
make  application  for  same,  and  failing  to  apply 
or  having  applied  and  failed  of  election,  he 
w-ill  automatically  and  finally  forfeit  his  Asso- 
ciateship and  all  rights  vested  therein. 


ARTICLE  V 

MEETINGS    AND    ORDER    OF    BUSINESS 

Section    i.     Meetings   and  Quorum. 

The  annual  meeting  of  this  Chapter  shall  be 
held  on  the  second  Thursday  of  January. 
Further  regular  meetings  shall  be  held  on  the 
first  Thursday  of  each  month  from  October 
to  June  mclusive. 


189 


BY-LAWS 


The  Executive  Committee  shall  have  power 
to  change  the  date  of  any  regular  meeting, 
excepting  the  Annual  Meeting,  and  to  call  such 
other  meetings  as  it  may  deem  desirable. 

Special  meetings  shall  be  called  by  the  Pres- 
ident, or  in  case  of  his  absence  or  disability,  by 
a  Vice  President  upon  the  written  request  of 
five  Members,  setting  forth  the  purpose  of  such 
meeting,  at  which  no  other  business  shall  be 
considered. 

At  any  meeting  of  the  Chapter,  held  after  due 
notice,  one-fifth  of  the  Members,  not  absent 
from  the  Chapter  territory,  shall  constitute  a 
quorum. 

Section  2.  Order  of  Business. 
At  the  meetings  of  this  Chapter  the  order  of 
business,  so  far  as  the  character  and  nature  ot 
the  meeting  may  admit,  shall  be  as  follows:  but 
this  order  of  business  may  be  changed  by  the 
presiding  officer  or  by  a  majority  vote  of  the 
Members  present  at  a  meeting. 

Order  of  business  for  Annual  Meeting. 

1.  Reading  the  minutes. 

2.  Annual  address  of  the  President. 

3.  Report  of  the  Executive  Committee. 

4.  Report  of  the  Secretary. 

5.  Report  of  the  Treasurer. 

6.  Report  of  the  Auditing  Committee  upon 
the  Treasurer's  report. 

7.  Report  of  Standing  Committees. 

8.  Election  of  Honorary  Associates  of  the 
Chapter. 

9.  Reports  of  Special  Committees. 

10.  Unfinished  business. 

11.  Election  of  delegates  to  the  Convention 
of  the  Institute. 

12.  Election  of  Executive  Committee  and 
Officers. 

13.  New  business. 

14.  Adjournment. 

Order  of  Business  at  Regular  Meetings. 

1.  Reading  the  minutes. 

2.  Unfinished  business. 

3.  Reports  of  Standing  Committees. 

4.  General  business,  and  election  of  delegates 
to  local  organizations. 

5.  Reports  of  Special  Committees. 

6.  Debates  or  lectures  on  subjects  of  interest 
to  the  profession. 

7.  Adjournment. 

ARTICLE  VI 

NOMINATIONS 

On  or  before  the  first  of  December  of  each 
year,   the   Executive   Committee   shall   elect  a 


Nominating  Committee  consisting  of  five 
Members,  all  of  whom  shall  be  neither  officers 
nor  members  of  the  E.xecutive  Committee. 

It  shall  be  the  duty  of  this  Committee  to 
nominate  candidates  for  the  Executive  Com- 
mittee and  for  all  Offices  of  the  Chapter,  and 
to  report  these  nominations  to  the  Chapter  at 
the  December  meeting. 

At  any  time  after  the  December  meeting  and 
not  less  than  five  days  before  the  Annual 
Meeting,  separate  lists  of  nominations  may 
be  submitted  to  the  Secretary  of  the  Chapter 
by  any  five  or  more  Members  of  the  Chapter 
whose  signatures  must  be  appended  to  such 
lists. 

Such  lists  of  nommations  must  be  complete 
for  each  and  every  office,  including  those  in 
which  they  may  not  differ  from  the  list  sub- 
mitted by  the  Nominating  Committee.  It 
shall  be  the  duty  of  the  Secretary  to  prepare  the 
ballots  to  be  voted  on  at  the  Annual  Meeting 
and  these  ballots  shall  contain  the  names  of  all 
persons  regularly  nominatedi  n  the  manner 
above  provided.     A  plurality  vote  shall  elect. 

At  least  thirty  days  prior  to  the  Annual 
Meeting  the  Secretary  of  the  Chapter  shall 
write  to  each  Member  asking  if  he  will  be  a 
delegate  to  the  next  Convention  of  the  Insti- 
tute if  so  elected.  The  Secretary  shall  canvass 
the  answers  to  these  letters  and  from  them  shall 
prepare  a  ballot  to  be  voted  on  at  the  January 
meeting.  This  ballot  shall  contain  the  names 
of  all  nominees  who  have  signified  their  willing- 
ness to  serve.  The  President  and  the  Secre- 
tary of  the  Chapter  shall  be  delegates,  ex  officio, 
and  the  remainder  of  the  candidates,  to  the 
number  to  which  the  Chapter  may  be  entitled, 
who  shall  receive  the  largest  number  of  votes, 
shall  be  delegates.  The  required  number  of 
candidates  receiving  the  next  largest  number 
of  votes  shall  be  alternates.  All  delegates 
shall  be  reimbursed  in  whole  or  in  part  for  their 
necessary  expenses  in  attending  the  Conven- 
tions of  the  Institute  as  the  Chapter  may  de- 
termine to  be  warranted  by  the  condition  of 
the  Chapter  finances. 

ARTICLE  VII 

OFFICERS 

Section  i.  Executive  Committee. 

The  Executive  Committee  shall  be  subject,  in 
all  respects,  to  such  instructions  and  limitations 
as  may,  from  time  to  time,  be  prescribed  by  the 
Chapter.  It  shall  meet  at  the  call  of  the  Pres- 
ident, or  at  the  call  of  any  three  of  its  members 
and  the  Secretary  of  the  Chapter  shall  act  as 
Secretary  of  the  Executive  Committee  at  all 


lyo 


lO 


BY-LAWS 


meetings.  The  Executive  Committee  shall  re- 
port to  the  Chapter  at  each  Annual  Meeting 
and  at  such  other  times  as  the  Chapter  may 
consider  necessary. 

I  lie  Kxecutive  Committee  shall  have  power 
to  fill  vacancies  in  its  own  membership  and  in 
the  offices  of  the  Chapter,  hut  memhers  so 
chosen  shall  hold  office  only  until  the  next 
Annual  Meetinj;  of  the  Chapter,  when  members 
shall  he  chosen  by  the  Chapter  to  fill  such 
vacancies  during  the  remainder  of  the  unex- 
pired terms.  The  Executive  Committee  shall 
control  the  funds  and  property  of  the  Chapter. 
It  may  provide  rooms  for  the  use  of  the  Chapter 
and  shall  make  all  contracts  and  purchases, 
but  shall  not,  without  permission  of  the  Chap- 
ter, incur  any  liability  exceeding  the  amount 
of  unappropriated  funds  in  the  haiuls  of  the 
Treasurer.  As  elsewhere  provided  in  these 
By-l,aws,  the  Executive  Committee  shall  hear 
and  adjudge  questions  of  discipline  of  Members, 
Associates,  or  Chapter  Members  and,  where  so 
provided,  shall  act  as  an  Elective  Committee. 

After  the  adoption  of  these  By-Laws,  the 
Executive  Committee  shall  consist  of  the  Presi- 
dent, Vice-Presidents,  Secretary,  Treasurer, 
and  the  Chairmen  of  Standing  Committees  and 
Delegates  to  the  Federation  of  Citizen  Associa- 
tions, and  the  Chapter  may  elect  three  members 
of  the  Executive  Committee,  of  whom  one  shall 
be  elected  for  one  year,  one  for  two  years,  and 
one  for  three  years.  At  each  subsequent 
election  thereafter,  one  member  shall  be 
elected  to  serve  on  the  Committee  three  years. 

No  member  of  the  Executive  Committee 
shall  be  eligible  for  re-election  until  the  next 
Annual  Meeting  after  the  expiration  of  his 
previous  term  of  office. 

Section  2.  General  Officers. 

The  general  officers  of  this  Chapter  shall  be 
the  President,  the  (ist)  Vice-President,  (the 
2nd  Vice-President),  the  Secretary  and  the 
Treasurer. 

All  officers  elected  at  the  Annual  Meeting 
shall  hold  office  for  one  year  following  their 
election,  or  until  such  time  thereafter  as  their 
successors  are  elected. 

The  President,  or  in  his  absence,  a  Vice- 
President,  shall  preside  at  all  meetings  of  the 
Chapter.  In  the  absence  of  the  President  and 
of  the  Vice-Presidents,  a  presiding  officer  shall 
be  chosen  by  the  meeting.  The  President  shall 
appoint  all  standing  and  special  committees 
except  as  otherwise  ordered.  He  shall  be, 
ex  officio,  chairman  of  the  Executive  Commit- 
tee and  a  member  of  all  standing  committes, 
and  as  such  he  shall  be  entitled  to  vote.      He 


shall  also  be,  ex  officio,  a  delegate  to  the  Annual 
Convention  of  the  Institute.  He  shall  have 
power,  with  the  approval  of  the  Executive 
Committee,  to  call  special  meetings  of  the 
Chapter.  He  shall,  with  the  Secretary,  sign 
all  written  contracts  and  obligations  of  the 
Chapter.  The  office  of  President  shall  not  be 
held  by  the  same  member  for  more  than  two 
consecutive  terms. 

The  President  and  Secretary  shall,  at  the 
end  of  each  fiscal  year,  prepare  and  forward 
to  the  Secretary  of  the  Institute  an  official 
annual  report  upon  the  condition  of  the 
Chapter.  This  report  shall  include  the  names 
of  all  Members,  Associates  and  Chapter 
Members,  a  list  of  members  who  are  also 
Fellows  of  the  Institute,  the  names  of  Hon- 
orary, Corresponding  or  other  Chapter  Mem- 
bers, a  statement  as  to  Chapter  affiliations 
made  in  accordance  with  the  Institute  By- 
Laws,  and  such  other  information  as  the  Board 
of  Directors  of  the  Institute  may  require. 

Not  less  than  thirty  days  before  the  annual 
convention  of  the  Institute  the  President  and 
Secretary  of  the  Chapter  shall  report  to  the 
Secretary  of  the  Institute  any  changes  in  mem- 
bership recorded  since  the  beginning  of  the 
fiscal  year  in  order  to  bring  the  annual  report 
up  to  date  as  regards  membership. 

1  he  Secretary  shall  be,  ex  officio.  Secretary 
ot  the  Executive  Committee.  The  Secretary 
shall  sign  all  written  contracts,  obligations  and 
papers,  attesting  by  his  signature  the  signature 
ot  the  President  or  other  officers  where  their 
signatures  are  attached  to  documents.  He 
shall  conduct  the  general  correspondence  of 
the  Chapter  and  of  the  Executive  Committee, 
and  shall  issue  all  notices  of  meetings,  exhibi- 
tions or  other  events,  for  the  Chapter  and 
Executive  Committee.  He  shall  notify  the 
Executive  Committee  whenever  the  Secretary 
of  the  Institute  announces  an  application  for 
Institute  membership  which  involves  assign- 
ment to  this  Chapter,  shall  communicate  the 
Committee's  report  upon  the  application  to  the 
Secretary  of  the  Institute,  and  shall  file  a  copy 
ot  said  report  with  the  announcement.  He 
shall  issue  letters  to  Members  desiring  transfer 
of  membership  as  provided  in  the  By-Laws. 
He  shall  receive  all  applications  for  Associate- 
ship,  shall  report  same  to  all  Members,  Chapter 
Members  and  .Associates  and  to  the  Executive 
Committee  as  hereinbefore  provided  and  shall 
report  the  Committee's  action  upon  said  appli- 
cations to  the  applicants.  He  shall  promptly 
notify  the  Secretary  of  the  Institute  and  the 
Treasurer  of  the  Chapter  of  the  election  of 
Associates,  of  all  changes  in  the  status  of  Mem- 


191 


BY-LAWS 


II 


bers  or  Associates,  of  any  action  relative  to 
them  which  affects  Membership  or  Associate- 
ship  and  lie  shall  file  copies  of  such  notices. 
He  shall  forward  documents  to  the  Secretary 
of  the  Institute  as  required  by  the  Institute 
By-Laws,  or  by  the  direction  of  the  Chapter. 
He  shall  keep  a  roll  of  the  Members,  Chapter 
Members  and  Associates  and  their  addresses. 
He  shall  join  with  the  President  in  an  annual 
report  to  the  Institute.  The  Secretary  may 
request  of  the  Treasurer  funds  for  stationery, 
and  for  such  other  expenses  as  may  be  neces- 
sary in  the  discharge  of  his  duties,  when 
sanctioned  by  the  E.xecutive  Committee.  The 
Secretary  shall  be,  ex  officio,  a  delegate  to  the 
Annual  Convention  of  the  Institute. 

TREASURER 

The  Treasurer  shall  collect  the  funds  due  the 
Chapter.  He  shall  disburse  the  funds  of  the 
Chapter,  sign  all  checks,  pay  only  such  accounts 
as  shall  be  certified  to  by  the  President  and 
shall  exercise  an  oversight  over  all  the  financial 
affairs  of  the  Chapter.  As  soon  as  notified  by 
the  Secretary  of  the  admission  of  a  new  Mem- 
ber by  assignment  or  transfer,  or  of  the  election 
of  a  new  Associate,  he  shall  attend  to  all 
matters  connected  with  the  collection  of  initia- 
tion fees  and  dues,  issuing  all  notices  relative 
thereto,  etc.  He  shall  keep  the  accounts  of  the 
Chapter  in  books  belonging  to  it  which  shall 
at  all  tim.es  be  open  to  the  inspection  of  the 
officers;  he  shall  report  on  the  state  of  the  funds 
of  the  Chapter  at  every  regular  meeting  of  the 
Executive  Committee  and  at  m.eetings  of  the 
Chapter  when  called  upon;  he  shall  make  an 
annual  report  of  the  finances  to  the  Executive 
Committee  which  shall  he  included  in  its 
annual  report  to  the  Chapter.  The  accounts 
shall  be  audited  by  the  Committee  appointed 
by  the  President  for  that  purpose.  The 
Treasurer  shall  have  power,  when  funds  are 
available,  to  purchase  such  stationery,  and  to 
incur  such  other  expenses  as  may  be  necessary 
in  the  discharge  of  his  duties  and  those  of 
other  officers  and  committees,  v»hen  sanctioned 
by  the  Executive  Committee.  He  shall  be 
custodian  of  any  special  funds  for  library  or 
other  Committees,  and  shall  disburse  the  same 
only  upon  the  written  order  of  the  Chairman  of 
such  Committees. 


All  records  of  the  Chapter,  except  those  of  the 
Executive  Committee  and  those  of  any  Com- 
mittee appointed  to  consider  applications  for 
Associateship,  shall  at  all  reasonable  times  be 
open  to  the  inspection  of  any  Member,  Asso- 
ciate or  Chapter  Member. 

ARTICLE  VIII 

STANDING    COMMITTEES 

The  following  standing  Committees  shall  be 
appointed  annually  by  the  President.  Each 
shall  be  so  appointed  that  Members  will  be 
in  the  majority,  and  on  those  Committees  which 
deal  only  with  Institute  affairs,  only  Mem- 
bers shall  be  appointed.  The  duties  of  these 
Committees  shall  be  specially  defined  by  the 
instructions  which  they  shall  from  time  to 
time  receive  from  the  President,  the  Execu- 
tive Committee  or  the  Chapter.  The  standing 
Committees  are  Admissions  Committee,  Pub- 
licity Committee  and  Delegates  to  the  Federa- 
tion of  Citizens  Associations.  The  duties  of 
the  Committees  are  as  indicated  by  their  title 
and  the  duties  of  the  delegates  to  the  Federa- 
tion are  to  cooperate  with  the  citizens  .Associa- 
tion in  the  improvements  of  the  City  and  in 
other  local  interests. 

ARTICLE  IX 

AMENDMENTS 

These  By-Laws  may  be  added  to,  altered  or 
amended  at  any  regular  meeting  of  the  Chap- 
ter by  a  two-thirds  vote  of  all  MEMBERS 
then  present,  provided  the  proposed  change 
shall  have  been  previously  discussed  at  either 
a  regular  or  special  meeting,  and  further  pro- 
vided a  copy  of  said  proposed  change  shall  have 
been  mailed  to  every  Member  of  the  Chap- 
ter at  his  last  known  address,  together  with  a 
notice  of  the  meeting  at  which  it  is  to  be  acted 
upon,  at  least  twenty  daj^s  before  the  date  set 
for  the  said  meeting.  Any  By-Laws  or  amend- 
ments thereto  should  be  reported  to  the  Board 
of  Directors  of  the  Institute  for  its  approval. 
If  such  By-Laws  or  amendments  are  enacted 
without  such  approval,  they  may  be  pro- 
nounced by  the  Board  of  Directors  of  the 
Institute  as  in  conflict  with  the  Charter  or 
with  the  Constitution  and  By-Laws  of  the 
Institute  and,  by  that  fact,  annulled. 


192 


Appendix  S 

A.  I.  A.  Document,  No.  i^6 

Membership  in  the  American  Institute  of  Architects 


Obiecls:  Ihe  objects  of  the  American  Institute  of 
Architects  are  to  organize  and  unite  in  fellowship 
the  Architects  of  the  United  States,  to  combine 
their  efforts  so  as  to  promote  the  wsthetic,  scientific, 
and  practical  efficiency  of  the  profession,  and  to  make 
the  profession  of  ever-increasing  service  to  society. 

The  American  Institute  of  Architects  desires  and 
invites  the  membership  of  every  practicing  architect, 
or  architectural  draughtsman,  who  is  willing  to 
join  with  his  professional  brothers  in  upholding  and 
promoting  the  principles  and  ideals  of  service  for 
which  the  American  Institute  stands. 

Conditions  of  Membership:  Any  resident  of  the 
United  States,  who  is  a  practicing  architect,  or  an 
architect  engaged  in  professional  education,  or  an 
architectural  draughtsman,  is  eligible  to  member- 
ship if  able  to  submit  the  required  proofs  of  his  or 
her  professional  capacity  and  honorable  personal 
and  professional  standing. 


The  Chapter  Relation:  Chapters  of  the  Institute 
are  local  groups  of  Institute  members  and  asso- 
ciates organized  under  a  form  of  Chapter  Constitution 
and  By-Laws  which  provides  a  standard  relationship 
to  the  Institute,  with  varying  provisions  for  local 
organization  and  effort.  An  applicant  for  Institute 
membership  is  assigned,  upon  election,  to  the  chapter 
within  whose  territory  he  has  his  business  headquar- 
ters. If  he  resides  in  the  territory  of  one  chapter  and 
has  his  busines  headquarters  in  the  territory  of 
another,  he  may  make  a  choice  in  his  application. 

Initiation  Fee  and  Dues:  The  initiation  fee, is 
$10.00,  of  which  555.00  must  accompany  the  applica- 
tion, and  of  which  the  balance  is  payable  three 
months  after  election.     The  dues  are  ^20.00  a  year. 

The  Journal  of  the  Institute  is  its  official  publica- 
tion, for  which  the  subscription  price  to  Institute 
members  is  $3.50  per  year. 


General  Requirements  and  Proof  of  Professional  Ability 


Educational  Requirements  and  Experience:  No  ex- 
hibits of  executed  work  or  technical  examination  are 
required  of  an  applicant  who  can  qualify  under  the 
provisions  contained  in  the  following  paragraphs,  but 
every  such  applicant  must  send  with  his  application 
in  lieu  of  exhibits  of  executed  work,  and  as  evidence 
of  the  proper  educational  equipment,  his  certificate 
of  graduation,  or  his  scholarship  award,  or  some 
authoritative  writing  which  is  satisfactory  proof  of 
such  graduation  or  scholarship  award. 

Those  not  qualifying  under  Group  I  should  send 
exhibits  as  required  under  Group  II. 

Group  I.  Exhibits  are  not  required:  Of  graduates  in 
Architecture  of  the  Massachusetts  Institute  of  Tech- 
nology, Columbia  University,  University  of  Pennsyl- 
vania, Cornell  University,  Harvard  University,  the 
University  of  Illinois,  the  University  of  Michigan, 
Carnegie  Institute  of  Technology,  the  University  of 
California,  Washington  University,  Syracuse  Univer- 
sity, the  University  of  Minnesota,  the  University  of 
Oregon  and  the  University  of  Kansas: 

Or  from  those  who  have  held  accredited  scholarships 
of  the  American  Academy  at  Rome,  Columbia  Univer- 
sity, Cornell  University,  the  Pennsylvania  Academy 
of  Fine  Arts,  Washington  University,  or  holders  of 
the  Rotch,  McKim,  or  Stewardson  Scholarships,  the 
winners  of  the  Paris  Prize  of  the  Society  of  Beaux 
Arts  Architects  or  the  Alumni  Fellowship  of  the 
University  of  Pennsylvania;  or  from  those  who  have 
passed  the  qualifying  examinations  of  the  Royal 
Institute  of  British  Architects  or  the  examinations 
for  the  first  class  of  the  Ecole  des  Beaux    Arts. 


Practical  Experience:  Applicants  applying  under 
these  general  requirements  shallihave  had  not  less 
than  two  years'  experience  as  practicing  architects; 
or  three  years  as  draughtsmen;  or  two  years  as 
draughtsmen  and  one  year  in  practice. 

Unanimous  Endorsement:  No  exhibits"of  executed 
work  are  required  in  any  case  when  the  applicant  has 
the  unanimous  endorsement  of  his  chapter.  Unani- 
mous endorsement  is  that  endorsement  in  which  each 
Institute  member  of  the  chapter  had 'an  opportunity 
to  express  himself  by  letter  ballot  either  for  or  against 
the  member  proposed.  Alletter^from^the  chapter 
secretary  to  this  effect  should  accompany  the 
application. 

Group  II.  Exhibits  are  required:  Applicants  not 
qualifying  under  Group  I,  unless  they  have  unani- 
mous endorsement,  should  accompanj'  their  ap- 
plications with  simple  exhibits  of  executed -work 
consisting  of  working  drawings  and  photographs 
of  two  executed  buildings.  These  exhibits  may  be 
taken  from  the  office  files  and  need  not  be  specially 
prepared.  They  are  returned  in  due  course.  Such 
applicants  shall  have  been  in  independent  practice 
at  least  three  years,  or  have  served  five  years  as 
draughtsmen. 

The  architectural  draughtsman  is  not  required 
to  submit  exhibits  of  which  he  is  the  publicly 
recognized  designer,  but  he  must  send  two  such 
exhibits  of  which  he  can  truthfully  say  he  was  the 
principal  author,  although  the  work  was  done  in 
the  office  of  another. 


193 


Application  for  Membership 


To  the  Secretary  of  the  American  Institute  of  Architects, 

The  Octagon  House,  Washington,  D.  C. 
Sir: 

I  hereby  apply  for  Membership  in  the  American  Institute  of  Architects. 

I  hereby  certify  that  the  following  statements  are  correct: 


>9 


Name._ 

Address.__ 

(Number  add  Street.l  (City.)  (State.! 

Place  and  date  of  birth 


Graduate  in  architecture.- - 

(If  required  in  your  case,  give  name  of  institutions  and  year. — Attach  evidence  of  Diploma  or  Certificate  of  graduation 

Holder  of  Scholarship  in  architecture 

(If  required  in  your  case,  attach  evidence.) 


Passed  the  qualifying  examinations  of  the  Royal  Institute  of  British  Architects,  or  the  examinations  for  the 
first  class  of  the  Ecole  des  Beaux  Arts._ „ 

(If  required  in  your  case,  state  which,  and  attach  evidence  of  Certificate.] 

If  an  Associate  of  a  Chapter  of  the  Institute,  give  name  of  chapter 


If  practicing  architect,  firm  name 

Have  been  in  practice -- ...years... 

If  draughtsman,  employed  by._ -. 


[State  number  of  years.) 

Collegiate  and  office  training.- .— — 


I  have  carefully  examined  the  Constitution  and  By-Laws  of  the  Institute  and  the  "Circular  of  Advice 
Relative  to  Principles  of  Professional  Practice  and  Canons  of  Ethics,"  and  I  agree,  if  elected,  honorably  to 
maintain  them. 

I  further  agree,  if  elected  to  membership  in  the  American  Institute  of  Architects,  that  if  at  any  time  my 
membership  shall  cease,  either  by  my  own  resignation  or  by  any  action  taken  by  the  Institute,  I  will  then,  by 
that  fact,  relinquish  all  rights  of  any  character  that  I  may  have  acquired  by  reason  of  such  membership  in  the 
property,  real  or  personal,  of  the  American  Institute  of  Architects,  and  of  the  Chapter  of  the  Institute  of 
which  I  am  then  a  member. 


(Signature  of  Applicant.) 

I  hereby  certify  that  the  signer  of  this  application  was  duly  elected  an  Associate  of  the... 

(For  use  when  the  applicant  is  an  Associate.) 


Chapter,  A.  I.  A.,  on  the  following  date 

(Insert  date  of  election  to  chapter.] 


Secretary. 

.Chapter,  A.  I.  A. 


We,  the  undersigned  members  of  the  American  Institute  of  Architects,  have  carefully  examined  the  fore- 
going statement  and  believe  it  to  be  correct.  We  know  the  applicant  personally,  and  consider  that  his  work 
and  practice  warrant  his  admission  to  Membership. 


(I) 

(2) 

(3) 


|The  siRnattirc-S  of  three  Institute  members  are  here  required  unless  the  applicant 
has  the  unanimous  endorsement  of  his  Chapter,  in  which  case  certification  to  that 
elTcct  should  be  made  above  by  the  Secretary.  Unanimous  endorsement  is  that 
endorsement  in  which  eacli  Institute  member  of  the  Chapter  had  an  opportunity 
to  express  himself  by  letter  ballot  either  for  or  against  the  member  proposed- 
No  other  form  of  unanimous  endorsement  wil  be  accepted.] 

194 


Appendix  T 

Associate  Membership  in  Chapters  and  Forin  oj  Application 

A.  I.  A.  Document,  No.  142 

Information  Concerning  Requirements  for  Associateship 

with  a  Chapter  of  the  American  Institute  of 

Architects,  with  Form  of  Application 


1S57  5 


•^OCCCtM^^ 


The  American  Institute  of  Architects 

Office  of  the  Secretary 
Thk  Octagon  House,  Washington,  D.  C. 


General  Requirements 

Candidates  for  Associateship  shall  be  residents  of  the  United  States  who  are  practicing  architects,  archi- 
tects engaged  in  professional  education,  or  architectural  draughtsmen. 

They  shall  be  required  to  submit  proofs  of  personal  standing  and  of  professional  ability  as  described  below. 

They  shall  have,  or  shall  show  promise  of  attaining  within  three  years,  those  qualifications  which  will  make 

them  eligible  to  membership  in  the  American  Institute  of  Architects  at  the  end  of  their  period  of  Associateship. 

Classification  of  Candidates  and  Proof  of  Professional  Ability 

All  applications  for  Associateship  with  a  Chapter  of  the  American  Institute  of  Architects  shall  be  made 
under  one  of  the  two  classes  indicated  below.  These  classes  imply  no  distinction  after  election  to  the  Chapter, 
and  are  only  designed  as  a  matter  of  information  and  guidance. 


gan,  Carnegie  i...,L.,.utv.  ^.  » v,^....v^.wgj,  ^^i^iai-.y  wi  ^^minjima,  »vasiiuigLuii  university,  Syracuse  uni- 
versity, the  University  of  Minnesota,  and  the  University  of  Oregon,  and  those  who  have  held  accredited 
scholarships  of  the  American  Academy  at  Rome,  Columbia  University,  Cornell  University,  Pennsylvania 
Academy  of  Fine  Arts,  Washington  University,  or  holders  of  the  Rotch,  McKim  or  Stewardson  Scholar- 
ships, the  winners  of  the  Paris  Prize  of  the  Society  of  Beaux  Arts  Architects  or  the  Alumni  Fellowship  of 
the  University  of  Pennsylvania,  and  those  who  have  passed  the  qualifying  examinations  of  the  Royal 
Institute  of  British  Architects,  or  the  examinations  for  the  first  class  of  the  Ecole  des  Beaux  Arts,  shalfbe 
considered  to  show  promise  of  eligibility  to  Membership  in  the  Institute,  but  must  show  indications  of 
that  personal  standing  which  is  required  for  such  admission. 

Class  "B." — Practicing  architects  and  draughtsmen  of  good  personal  and  professional  standing,  who  cannot 
qualify  under  Class  "A,"  shall  be  required  „to  submit  exhibits  of  drawings  or  photographs  of  executed  work, 
which  shall  indicate  their  eligibility  or  their  promise  of  eligibility  to  Institute  Membership  by  the  expiration 
of  the  period  of  Associateship. 

Applications  must  be  properly  made  out  in  duplicate  on  this  standard  form,  prescribed  by  the  Institute, 
and  the  Duplicate  shall  be  promptly  fowarded  by  the  Secretary  of  the  Chapter  to  the  Secretarj-  of  the  Institute 
upon  the  election  of  the  candidate  to  Associateship  with  the  Chapter. 

ISSUED      IN      CO.NFORMITY      WITH      THE      AMENDED       CONSTITUTION      AND 

BY-LAWS    ADOPTED   AT   THE    FIFTIETH    CO.NVENTIOS,    DECEMBER    6-8,  I916. 

REVISED  APRIL    30,   MAY    I,  2,  I9I9. 


DUPLICATE 

NoTE:    This  Duplicate  is  to  filled  in  and  signed  by  the  Applicant;  and  sent  by  the  Secretary  of  the  Chapter  to  tlie 
Secretary  of  the  American  Institute  of  Architects,  The  Octagon  House,  Washington,  D.  C. 

Standard  Form  of  Application  for  Associateship 

With  a  Chapter  of  the  American  Institute  of  Architects. 

19 

To  the  Secretary  of  the Chapter  of  the  American  Institute  of  Architects, 


(City  and  State  of  Chapter.] 

Sir: 

I  hereby  apply  for  Associateship  with  the Chapter  of  the  American 

Institute  of  Architects,  under  class (Insert  A  or  B). 

I  hereby  certify  that  the  following  statements  are  correct: 

Name — — — — 

Address — -.- - — 

Place  and  date  of  birth 

Graduate  in  architecture 

[Give  names  of  institutions  and  year. — Evidence  of  Diploma  or  Certificate  of  graduation  to  be  submitted  with  application.] 

Holder  of  Scholarship  in  architecture - 

[Give  name  and  year.] 


Passed  the  qualifying  examinations  of  the  Royal  Institute  of  British  Architects,  or  the  examination  for  the 
first  class  of  the  Ecole  des  Beaux  Arts 

[state  which,  and  year. — Evidence  of  Certificate  to  be  submitted  with  application.] 

If  practicing  architect,  firm  name _ — — 

Have  been  in  practice...- years 

If  draughtman,  employed  by 

[state  number  of  years.] 

Collegiate  and  office  training 

I  have  carefully  examined  the  Constitution  and  By-Laws  of  the  Chapter  with  which  I  am  seeking  Associate- 
ship  and  those  of  the  American  Institute  of  Architects,  and  the  "Circular  of  Advice  Relative  to  Principles  of 
Professional  Practice  and  Canons  of  Ethics,"  and  I  agree,  if  elected  to  Associateship  with  the  Chapter,  honorably 
to  maintain  them. 

I  further  agree,  if  elected  to  Associateship  with  the  Chapter,  that  within  three  years  from  the  date  of  such 
election  I  will  make  application  for  Membership  in  the  American  Institute  of  Architects,  under  its  Constitution 
and  By-Laws  then  in  force;  and  if  I  do  not  become  an  Institute  Member  at  the  end  of  that  period,  for  any 
reason  whatsoever,  I  agree  that  all  connection  with  the  Chapter  of  the  Institute  of  which  I  may  then  be  an 
Associate  shall,  ipso  facto,  cease  and  determine. 

I  further  agree,  if  elected  to  Associateship  with  the  Chapter,  or  subsequently  to  Membership  in  the  Institute, 
that  if  at  any  time  my  Associateship  with  the  Chapter  or  Membership  in  the  Institute  shall  cease,  either  by  my 
own  resignation  or  by  any  action  taken  by  the  Chapter  or  by  the  American  Institute  of  Architects,  I  will  then, 
by  that  fact,  relinquish  all  rights  of  any  character  that  I  may  have  acquired  in  the  property,  real  or  personal, 
of  the  Chapter  or  the  American  Institute  of  Architects  by  reason  of  Associateship  with  the  Chapter  or  Member- 
ship in  the  Institute. 


[Signature  of  Applicant.] 

We,  the  undersigned  Members  of  the  American  Institute  of  Architects,  and  of  the Chapter 

of  the  Institute,  have  carefully  examined  the  foregoing  statement  and  believe  it  to  be  correct.  We  know  the 
applicant  personally  and  consider  that  his  work  and  practice  warrant  his  election  to  Associateship  with  the 
Chapter. 

(1)  

(2)  


(3)  

This  uniform  application  blank  is  issued  by  the  lioord  of  Directors  of  the  Institute  in  consonance  with  the  Constitution  and  By-Laws  of  the  Institute. 

196 


ORIGINAL 

Note:  This  Original  is  to  be  retained  by  thj  Secretary  of  the  Chapter,  who  should  detach  Duplicate  and  mail  to 
The  Secretary  of  the  American  Institute  of  Architects,  The  Octagon  House,  Washington,  f).  C. 

Standard  Form  of  Application  for  Associate-ship 

With  a  Chapter  of  the  American  Institute  of  Architects. 

[to  be  made  out  in  duplicati;] 

19 

To  the  Secretary  of  the Chapter  of  the  American  Institute  of  Architects, 


(City  and  State  of  Chapter.) 

Sir: 

I  hereby  apply  for  Associateship  with  the Chapter  of  the  American 

Institute  of  Architects,  under  class (Insert  A  or  B). 

I  hereby  certify  that  the  following  statements  are  correct: 

Name 

Address..._ _ 

Place  and  date  of  birth 


Graduate  in  architecture 

Give  names  of  institutions  and  year.— Evidence  of  Diploma  or  Ccrtifieate  of  graduation  to  be  submitted  wi'tli  app¥citi^^^^ 

Holder  of  Scholarship  in  architecture. 

[Give  name  and  year.] 

Passed  the  qualifying  examinations  of  the  Royal  Institute  of  British  Architects,  or  the  examinations  for  the 
first  class  of  the  Ecole  des  Beaux  Arts 

[State  which,  and  year.— Evidence  of  Certificate  to  be  submitted  with  applicatioaj 

If  practicing  architect,' firm  name 

Have  been  in  practice years._ 

If  draughtsman,  employed  by... ... 


[State  number  of  years.] 

Collegiate  and  office  training 


I  have  carefully  examined  the  Constitution  and  By-Laws  of  the  Chapter  with  which  I  am  seeking  Associate- 
ship  and  those  of  the  American  Institute  of  Architects,  and  the  "Circular  of  Advice  Relative  to  Principles  of 
Professional  Practice  and  Canons  of  Ethics,"  and  I  agree,  if  elected  to  Associateship  with  the  Chapter,  honorably 
to  maintain  them. 

I  further  agree,  if  elected  to  Associateship  with  the  Chapter,  that  within  three  years  from  the  date  of  such 
election  I  will  make  application  for  Membership  in  the  American  Institute  of  Architects,  under  its  Constitution 
and  By-Laws  then  in  force;  and  if  I  do  not  become  an  Institute  Member  at  the  end  of  that  period,  for  any 
reason  whatsoever,  I  agree  that  all  connection  with  the  Chapter  of  the  Institute  of  which  I  may  then  be  an 
Associate  shall,  ipso  facto,  cease  and  determine. 

I  further  agree,  if  elected  to  Associateship  with  the  Chapter,  or  subsequently  to  Membership  in  the  Institute 
that  if  at  any  time  my  Associateship  with  the  Chapter  or  Membership  in  the  Institute  shall  cease,  either  bv  my 
own  resignation  or  by  any  action  taken  by  the  Chapter  or  by  the  American  Institute  of  Architects.  I  will  then 
by  that  fact,  relinquish  all  rights  of  any  character  that  I  may  have  acquired  in  the  property,  real'or  personal' 
of  the  Chapter  or  the  American  Institute  of  Architects  by  reason  of  Associateship  with  the  Chapter  or  Member- 
ship in  the  Institute. 


[Signature  of  Applicant.] 

We,  the  undersigned  Members  of  the  American  Institute  of  Architects,  and  of  the Chapter 

of  the  Institute,  have  carefully  examined  the  foregoing  statement  and  believe  it  to  be  correct.    We  know  the 
applicant  personally  and  consider  that  his  work  and  practice  warrant  his  election  to  Associateship  with  the 


Chapter. 

(I) 

(2) 


(3)  „..„ 

Tbis  uniform  application  blank  is  issued  by  the  Board  of  Directors  of  the  InsUtute  in  consonance  with  the  Constitution  and  By-Laws  of  the  Institute 

197 


Appendix  U 

Size  and  Character  of  Advertising  Matter 

A  CIRCULAR  RELATIVE  TO 

The  Size  and  Character  of  Advertising  Matter  Intended  for 
Preservation  by  Architects 


This  circi  lar  relates  to  advertising  matter  intended 
to  give  such  clear  technical  information  about  the 
thing  offered  that  the  Architect  may  fully  understand 
its  nature  and,  when  writing  his  specification,  may 
describe  it  with  all  necessary  precision.  The  Archi- 
tect desires  to  preserve  this  class  of  matter  for  refer- 
ence, but  finds  the  task  a  difficult  one. 

The  American  Institute  of  Architects  therefore 
offers  the  following  suggestions: 

She.  The  first  difficulty  lies  in  lack  of  uniformity 
of  size.  One  thousand  pamphlets,  folders,  etc., 
recently  examined,  presented  138  different  sizes.  It  is 
obvious  that  the  first  desideratum  is  a  standard  size. 
Fortunately  there  is  a  general  consensus  of  opinion 
that  the  best  size,  all  things  considered,  is  that  of  the 
standard  letter  sheet,  ^yi  by  1 1  inches,  the  size  of  the 
paper  on  which  this  circular  is  printed.  This  size  has 
the  advantage  of  being  readily  filed  in  the  standard 
vertical  fihng  cabmets  now  generally  in  use. 

The  Institute,  therefore,  urges  manufacturers  to 
adopt  83^  by  II  inches  as  the  size  of  all  catalogues, 
circulars,  etc.,  intended  for  preservation  by  Archi- 
tects. 

Tl;e  Institute  recognizes  that,  in  addition,  a 
smaller  standard  size  might  be  desirable,  but  as  yet 
there  appears  to  be  no  consensus  of  opinion  as  to 
what  that  size  should  be;  3^<J'  by  8J^  inches  has  been 
recommended  for  pocket  editions.  A  size  approx- 
im.ately  4  by  6}4  inches  has  demonstrated  the  suit- 
ability of  Its  page  for  tabular  purposef,  as  witness  the 
Bethlehem,  Cambria,  Carnegie,  and  other  hand- 
books. Yet  unless  theie  be  the  very  best  of  reasons 
for  a  smaller  size,  the  Institute  recommends  ad- 
herence to  the  8^-by-ii-inch  standard. 

Classification.  Classification,  with  consequent 
division  and  subdivision  of  the  matter  in  hand,  is 
essential  for  ready  reference.  Therefore  it  is  hoped 
tl  at  all  catalogues,  circulars,  etc.,  should  be  issued  as 
separate  bulletins,  each  treating  of  but  one  subject. 
In  no  case  should  unrelated  objects  be  described  on 
two  sides  of  the  same  sheet. 


Character.  Circulars  intended  for  filing  in  Archi- 
tect's offices  should  furnish  exact  and  specific  tech- 
nical descriptions  with  information  in  detail.  Draw- 
ings of  the  parts  or  the  whole,  clearly  and  accurately 
made  to  scale,  are  of  high  value.  Irrelevant  matter, 
laudatory  verbiage  and  testimonials  from  persons 
not  especially  qualified  to  pass  judgment  are  worse 
than  useless. 

Dating.  The  Institute  urgently  requests  that  all 
circulars  and  pamphlets  of  the  character  described 
be  dated  in  a  prominent  place.  Architects  can  then 
know  whether  the  information  contained  is  suf- 
ficiently recent  to  warrant  its  acceptance  without 
question. 

Nxivibering  or  Inde.\ing.  It  is  recommended  that 
all  advertising  matter  carry  a  serial  number.  Thus 
when  new  editions  are  sent  to  Architects,  they  mav 
be  asked,  whenever  it  is  so  desired  by  the  manu- 
facturer, to  destroy  any  previous  bulletin  and  the 
number  given  as  an  instruction.  Such  numbering 
also  permits  intelligent  cross-reference  in  cases  of 
necessity. 

To  sum  up,  manufacturers  who  present  clear  tech- 
nical information  conveniently  divided  forclassi- 
fication,  and  printed  on  sheets  of  the  standard  size, 
are  far  more  likely  to  have  their  matter  preserved 
and  used  than  those  who  do  not. 


T^.co  Reasons  for  Standardization. 
The   Architect   wants   information    quickly, 


:md 


manufacturers  wish  to  present  it  in  such  form  that  he 
may  so  obtain  it. 

About  90  per  cent  of  the  advertising  matter  at 
present  mailed  to  Architects  goes  into  waste-baskets, 
because  it  is  either  useless  or  impossible  to  file. 

Some  Reasons  for  the  Sj^-by-ii-Inch  Size 

It  is  adaptable  to  filing  cabinets  generally  in  use. 
It  permits  letters  containing  valuable  information 


198 


and  data  to  l)c-  ;ittachcd  to  pamphlets  as  a  part  ot  the 
reference. 

Space  is  provided  for  illustration  and  detailed 
drawings  on  a  scale  large  enough  to  be  really  useful. 

One  8J/^-by-i  i-inch  page  will  generally  carry  as 
much  matter  as  two  pages  of  6-by-9-inch  size.  This 
saves  one-half  in  filing  space,  a  matter  of  the  utmost 
importance. 

General  Suggestions. 

Avoid  the  use  of  heavy  covers — they  invite  de- 
struction on  account  of  their  bulk,  and  offer  no 
adequate  return  for  their  extra  cost. 

Avoid  any  change  from  the  dimensions,  8^  by  1 1 
inches,  as  material  which  is  smaller  than  standard 
size  is  li^ely  to  be  overlooked. 


Avoid  the  use  of  one  pamphlet  for  the  description 
of  materials  of  different  character. 

How   to   Gel   Further   Advice. 

The  advertising  department  of  the  Journal  will  be 
glad  to  advise  you  as  to  the  usefulness  of  your  ad- 
vertising matter  in  regard  both  to  its  material  and 
character.  This  service  is  free,  except  where  con- 
siderable labor  is  involved,  in  which  case  a  nominal 
charge  will  be  made. 

1  he  advertising  department  of  the  Journal  will 
prepare  material  and  lay  it  out,  at  a  fee  in  keeping 
with  the  work  required.  It  offers  a  service  which  is 
based  upon  an  extensive  knowledge  of  the  .'\rchi- 
tect's  requirements,  and  has  at  its  command  the 
advice  and  counsel  of  experienced  Architects. 


199 


Appendix  V 

Model  Form  of  Registration  Law 

The  American  Institute  of  Architects 


Model  Form  of  Law  for  the  Registration  of  Architects 


Tht  S2nd  Annual  Convention  of  the  American  Institute  of 
Architects  recommended  that  each  Chapter  shall  take  an 
active  interest  in  the  regulation  by  State  legislation  of  the 
practice  of  architecture.  The  Chapters  are  urged  to  act  with 
a  view  of  securing  the  enactment  of  legislation  or  the  revision 
of  laws  already  enacted,  in  order. 

First,  to  place  the  profession  upon  the  best  possible  plane  of 
educational  and  technical  qualifications  and. 

Second,  in  order  to  obtain  a  desirable  uniformity  in  State 
registration  laws. 

The  notes  are  appended  to  the  Sections  to  which  they  apply 
as  explanatory  of  the  theories  on  which  the  law  is  based  and 
to  assist  the  Chapters  in  the  drafting  of  laws  which  will  prop- 
erly satisfy  local  conditions.  Attention  is  called  especially  to 
the  note  following  Section  No.  22. 

It  is  essential  that  a  lawyer  familiar  with  the  laws  of  the 
Slate  in  which  the  law  is  to  be  enacted,  should  study  the  bill 
after  it  has  been  formulated  and  before  it  goes  to  the  legisla- 
ture. The  model  law  with  section  iS  amended  as  of  May,  1920, 
follows: 

A  Bill  for  An  Act — To  define  the  qualifica- 
tions for  the  practice  of  architecture  in  the 

State  of and   to   provide   for 

the  examination  and  registration  of  architects. 

Section  i:  There  is  hereb}'  created  a  Board  of 
Examiners  and  Registration  of  Architects,  the 
members  of  which  and  their  successors  shall  be 
appointed  by,  and  shall  hold  office  during  the 
pleasure  of  the  (name  here  the  appointing 
power,  preferably  the  Department  having  juris- 
diction of  education),  and  which  Board,  subject 
to  the  approval  of  such  (same  Department) 
shall  make  rules  for  the  examination  and 
registration  of  applicants  for  the  certificates 
provided  for  by  this^Act. 

{Note:  In  most  States,  the  Board  of  E.xaminers  will  be 
appointed  by  the  Governor,  whereas  those  States  which  have 
State  Universities  possess  a  valuable  agency  for  the  appoint- 
ment and  administration  of  the  Board  of  Examiners  zchich 
ought  to  keep  it  free  from  politics. 

It  is  desirable  that  the ,'  State  Board  appointments  be 
made  as  free  from  politics  as  possible.) 

Section  2:  The"'  Board  shall  be  appointed 
within  ninety  days  after  the  approval  of  this 
Act,  and  shall  be  composed  of  five  Architects 
who  have  been  in  active  practice  in  the  State  of 

for  not  less  than  ten  years 

previous  to  their  appointment.  One  member 
of  said  Board  shall  be  designated  by  the  (name 
here  the  appointing  Department)  as  Chairman 
pro  tern  until  such  time  as  permanent  organiza- 
tion is  eff"ected. 

Section  j.-  In  making  the  first  appointments 
under  this  Act,  the  (name  here  the  appointment 
Department)  shall  appoint  one  of  the  said 
members  of  said  Board  to  hold  office  for  a 
period  of  one  year;  one  to  hold  office  for  a 
period  of  two  years;  one  to  hold  office  for  a 
period  of  three  years;  one  for  four  years,  and 
one  for  five  years,  and  thereafter  all  appoint- 
ments shall  be  for  a  period  of  five  years.  In 
case  a  successor  is  not  appointed  at  the  expira- 
tion of  the  time  of  any  member,  such  member 
shall  hold  office  until  his  successor  has  been 


duly  appointed  and  has  qualified.  In  the 
event  of  any  vacancy  occurring  in  the  member- 
ship of  said  Board  in  any  manner  other  than 
by  expiration  of  time,  the  (name  here  the 
appointing  Department)  shall  fill  said  vacancy 
by  an  appointment  for  the  unexpired  term. 

{Note:  It  is  obvious  that  the  work  and  policies  of  the  Board 
should  be  continuous  and  that  they  can  not  be  if  the  entire 
membership  changes  at  intervals. 

Registration  of  Architects  should  not  be  placed  in  the 
hands  of  a  Board  made  up  of  men  of  other  professions,  for 
it  would  not  be  fitted  to  examine  and  pass  upon  the  qualifica- 
tions of  Architects. 

A  joint  registration  law  for  Architects  and  Engineers  is 
undesirable  in  that  the  registration  of  Architects  might  be 
thrown  entirely  into  the  hands  of  Engineers,  not:viihstanding 
that  the  Board  may  be  made  up  entirely  of  the  very  best  Engi- 
neers in  the  profession.  Such  a  Board  would  not  be  com- 
petent to  examine  and  pass  upon  the  qualifications  of  Archi- 
tects, for  the  reason  that  the  architectural  members  of  a  joint 
Board  might  be  in  the  minority.  A  combination  Board  is 
objectionable  even  if  Architects  are  in  the  majority.  Engi- 
neers, if  they  want  registration,  should  secure  it  by  separate 
legislation  which  would  permit  them  to  practice  as  "Engi- 
neers" without  any  interference  from  an  Architect's  Regis- 
tration Law.) 

Section  4:  The  members  of  said  Board  shall, 
before  entering  upon  the  discharge  of  their 
duties  subscribe  to  and  file  with  the  Secretary 
of  State  the  constitutional  oath  of  office. 

Section  5.'  The  Board  of  Examiners  and 
Registration  of  Architects  shall  meet  for  organ- 
ization within  thirty  (30)  days  after  its  appoint- 
ment, and  shall  elect  from  its  membership  a 
president  and  secretary. 

Section  6:  The  said  Board  shall  adopt  all 
necessary  rules,  regulations,  and  by-laws,  not 
inconsistent  with  this  Act,  and  the  Constitution 
and  laws  of  this  State  and  of  the  United  States, 
to  govern  its  times  and  places  of  meeting  for 
organization  and  reorganization  and  the  holding 
of  examinations,  the  length  of  the  terms  of  its 
officers  and  all  other  matters  requisite  to  the 
exercise  of  its  powers,  the  performance  of  its 
duties,  and  the  transaction  of  its  business  under 
the  provisions  of  this  Act.  At  least  two 
meetings  shall  be  held  each  year  for  the  pur- 
pose of  examination  for  registration. 

Section  j:  Three  members  of  the  said  Board 
shall  constitute  a  quorum,  but  no  action  at  any 
meeting  can  be  taken  without  at  least  three 
votes  in  accord. 

Section  8:  The  Secretary  of  the  said  Board 
shall  keep  a  true  record  of  all  proceedings  of  the 
Board  and  may  employ  such  clerical  assistance 
as  the  Board  may  deem  necessary. 

Section  g:  The  said  Board  shall  be  charged 
with  the  duty  of  enforcing  the  provisions  of  this 
Act,  and  may  incur  such  expenses  as  shall  be 
necessary,  all  of  which  expenses  shall  be  paid 


200 


only  out  of  the  revenue  arising  from  this  Act 
in  the  manner  hereinafter  mentioned  and  pro- 
vided. 

Section  lo:  The  said  Board  shall  file  annually 
with  the  appointing  department  a  full  report 
of  its  operations. 

Section  II:  All  fees  provided  for  hy  this  Act 
shall    be    paid    to    and    receipted    for    by    the 

Treasurer  of  the  State  of ,  and 

shall  not  be  used  for  any  purpose  other  than 
the  purposes  of  this  Act.  'I'he  expenses  of 
the  Board  of  Examiners  and  Registration  of 
Architects,  subject  to  the  approval  of  the  State 
Treasurer,  shall  be  paid  by  him  upon  written 
f)rder  and  warrant  of  the  President  and  Secre- 
ary  of  said  Board. 

(Nole:  In  States  in  tvhicli  thf  fees  may  not  be  sufficient 
for  the  proper  conduct  of  the  Act,  it  may  be  necessary  to  make 
special  provisions  and  it  may  not  be  possible  to  allow  to  the 
Board  members  the  per  diem  set  forth  in  Sections  /J  and  14. 
In  some  Stales  an  annual  fee  might  be  nominal,  say  one  or 
two  dollars  per  year,  whereas  in  other  States  having  very 
few  Architects  a  considerably  larger  annual  fee  may  be 
necessary  to  provide  running  expenses  for  the  Board.) 

Section  12:  The  (name  here  proper  agent  of 
the  State)  shall  provide  and  furnish  suitable 

(luarters  in  the  city  of for  the 

transaction  of  the  business  of  the  said  Board. 

Section  ij:  Each  member  of  the  said  Board 
shall  be  entitled  to  Ten  Dollars  per  diem  while 
actually  engaged  in  attendance  at  meetings  or 
in  conducting  examinations. 

Section  14:  The  members  of  the  said  Board 
shall  be  reimbursed  the  amount  of  actual 
expenses  incurred  in  travel  to  and  return  from 
meetings,  and  for  expenditures  for  hotel  bills, 
meals,  stationery,  postage,  printing,  type- 
writing and  the  like  necessary  expenses  incurred 
in  the  performance  of  their  duties  under  this 
Act,  subject  to  the  approval  of  the  Comptroller 
of  the  State. 

Section  ij:  Any  person  residing  in  or  having 
n  place  of  business  in  the  State  and  wishing  to 
practice  architecture  in  the  State,  who,  before 
this  Act  goes  into  effect,  shall  not  have  been 
engaged  in  the  practice  of  architecture  in  the 
State  under  title  of  Architect,  shall,  before 
being  entitled  to  be  or  known  as  an  Architect, 
secure  from  such  Board  a  certificate  of  quali- 
fications to  practice  under  the  title  of  Architect, 
as  provided  by  this  Act. 

{Note:  The  theory  of  the  regulation  of  the  practice  of 
architecture  which  the  Institute  has  adopted  is  that  no  one 
can  be  admitted  to  practice  as  an  Architect  without  first 
establishing  his  qualifications  and  receiving  a  Certificate 
issued  according  to  the  law.  Everyone  entitled  to  practice  by 
virtue  of  having  been  in  practice  when  the  law  was  enacted 
should  be  required  to  establish  that  fact  by  affidavit.  But  lie 
should  not  be  granted  a  Certificate  unless  he  proves  com- 
petency.) 

Section  16:  Any  person  having  a  certificate 
pursuant  to  the  requirements  of  this  Act  may 
be  styled  or  known  as  an  Architect,  or  Regis- 
tered Architect. 

Section  IJ:  No  person  presumed  to  have  the 
right  to  secure  such  certificate,  because  of  his 
or  her  use  of  the  title  Architect  prior  to  the  time 
this  Act  goes  into  effect,  shall  assume  any  title 


indicating  that  he  or  she  is  an  Architect,  or  any 
words,  letters  or  figures  to  indicate  that  the 
person  using  them  is  an  Architect,  unles.s  he  or 
she  shall  have  cjualified  and  obtained  a  certifi- 
cate of  registration  as  an  Architect,  or  unless 
he  shall  have  filed  an  affidavit  establishing  the 
fact  that  he  was  in  practice  as  an  Architect 
previous  to  the  passage  of  this  Act,  and  has  a 
legal  right  to  practice  without  a  certificate. 

{Note:  As  a  result  oj  permitting  Architects  who  were  in 
bona  fide  practice  at  the  time  the  law  was  enacted,  to  con- 
tinue their  practice  without  registration,  the  public  will  soon 
learn  to  draw  a  line  between  registered  and  non-registered 
Architects  so  that  Registration  becomes  a  valuable  asset  to  an 
Architect.) 

(Also  see  note  following  Sections  75  and  2J.) 
Section  18:  Nothing  contained  in  this  Act 
shall  prevent  draftsmen,  students,  clerks-of- 
work,  superintendents  and  other  employees  of 
those  lawfully  practising  as  registered  archi- 
tects under  the  provisions  of  this  Act,  from 
acting  under  the  instructions,  control  or  super- 
vision of  their  employers,  or  to  prevent  the 
employment  of  superintendents  of  the  construc- 
tion, enlargement  ot  alteration  df  buildings  or 
any  appurtenances  thereto,  or  prevent  such 
superintendents  from  acting  under  the  imme- 
diate personal  supervision  of  the  registered  ar- 
chitect by  whonri  the  plans  and  specifications 
of  any  such  building,  enlargement  or  altera- 
tion were  prepared.  Nor  shall  anything  con- 
tained in  this  Act  prevent  engineers,  mechanics 
or  builders  from  making  plans  and  specifica- 
tions or  supervising  the  erection,  enlargement 
or  alteration  of  buildings,  or  any  appurtenance 
thereto  for  other  persons,  firms  or  corporation, 
or  for  themselves,  provided  that  the  plans  and 
specifications  for  such  construction  are  signed 
by  the  authors  thereof  with  the  true  appella- 
tion of  his  or  her  actual  occupation  in  life, 
such  as  "Engineer,"  or  "Mechanic,"  or 
"Builder,"  without  the  use  of  any  form  of  the 
word  or  title  "Architect"  or  "Architects." 

Section  ig:  Any  one  or  any  combination  of 
the  following  practices  by  a  person  shall  con- 
stitute the  practice  of  architecture,  namely: 
The  planning  or  supervision  of  the  erection, 
enlargement  or  alteration  of  any  building  or 
buildings  or  of  any  appurtenance  thereto,  to  be 
constructed  for  others  or  by  persons  other  than 
himself.  A  building  is  any  structure  consisting 
of  foundations,  floors,  walls,  columns,  girders, 
and  roof,  or  a  combination  of  any  number  of 
these  parts,  with  or  without  other  parts  or 
appurtenances. 

{Note:  This  paragraph  requires  careful  study,  h  is 
unnecessary  and  unwise  to  attempt  to  define  the  practice 
of  architecture  or  to  inser  a  definition  of  a  building.) 

S^f/fo/t^o.- Qualifications;  examinations;  fees: 
Any  properly  qualified  person  who  shall  have 
been  lawfully  engaged  in  the  practice  of  archi- 
tecture in  the  State  at  the  time  this  Act  takes 
effect,  may  be  granted  a  certificate  of  registra- 
tion without  examination,  by  payment  to  the 
Board  of  fee  for  certificate  of  registration  as 
prescribed  in  Section  26  of  this  Act,  on  condi- 
tmn  that  the  applicant  satisfies  the  Board  of 
Examiners  that  he  is  qualified  to  practice 
architecture. 


201 


Section  21:  Any  citizen  of"  the  United  States 
or  any  person  who  has  declared  his  (or  her) 
intention  of  becoming  such  citizen,  being  at 
least  twenty-one  years  of  age  and  of  good  moral 
character,  may  apply  for  a  certificate  of  regis- 
tration or  for  such  examination  as  shall  be 
requisite  for  such  certification  under  this  Act ;  but 
before  receiving  such  certificate  this  applicant 
shall  submit  satisfactory  evidence  of  having 
completed  the  course  in  a  high  school  or  the 
equivalent  thereof,  as  may  be  approved  by  the 
American  Institute  of  Architects,  and  of  having 
subsequently  thereto  completed  such  courses 
in  mathematics,  history  and  languages  as  may 
be  prescribed  by  the  Board  of  Examiners  and 
Registration  of  Architects.  The  examination 
for  the  above  academic  requirements  shall  be 
held  by  the  Board.  In  lieu  of  such  examina- 
tion the  Board  may  accept  satisfactory 
diplomas  or  certificates,  from  institutions 
approved  by  the  Board,  covering  the  course  or 
subject-matter  prescribed  for  examination. 

Section  22:  Upon  complying  with  the  above 
requirements,  the  applicant  shall  satisfactorily 
pass  an  examination  in  such  technical  and  pro- 
fessional subjects  as  shall  be  prescribed  by  the 
Board  of  Examiners  and  Registration  of  Archi- 
tects. The  Board  may,  in  lieu  of  examination, 
accept  satisfactory  evidence  of  any  one  of  the 
qualifications  set  forth  under  subdivisions  (a) 
and  (i)  of  this  Section. 

(a)  A  diploma  of  graduation  or  satisfactory 
certificate  from  an  architectural  college  or 
school  that  he  or  she  has  completed  a  technical 
course  approved  by  the  American  Institute  of 
Architects,  together  with  and  subsequent 
thereto  of  at  least  three  years'  satisfactory^ 
experience  in  the  office  or  offices  of  a  reputable 
Architect  or  Architects. 

The  Board  may  require  applicants  under  this 
subdivision  to  furnish  satisfactory  evidence  of 
knowledge  of  professional  practice. 

(i)  Registration  or  certification  as  an  Archi- 
tect in  another  State  or  country,  where  the 
qualifications  prescribed  at  the  time  of  such 
registration  or  certification  were  equal  to  those 
prescribed  in  this  State  at  date  of  application. 

{Note:  If  these  laws  are  to  have  any  material  value,  it  is 
important  that  registration  be  based  on  a  high  standard  of 
education,  and  that  registered  Architects  be  competent. 

The  principal  object  of  the  Law  is  to  give  the  Board  of 
Examiners  power  to  be  certain  that  every  man  who  uses  the 
title  of  "  Architect"  is  well  qualified. 

The  standard  of  technical  education  for  Architects  approved 
by  the  American  Institute  of  Architects  is  the  only  one  which 
might  be  looked  to  as  binding  upon  all  States  and  there  is  no 
duty,  which  the  Institute  has  to  perform,  which  is  more 
important  infixing  and  improving  the  standard  of  education 
of  the  architectural  profession.  Such  standards  will  change 
from  time  to  time  and  the  widest  kind  of  flexibility  embodied 
in  a  statute  will  be  the  most  desirable.  Any  abso  ute  standard, 
even  the  most  advanced,  would  soon  become  obsolete. 

If  in  time  all  States  will,  in  their  registration  laws,  refer 
to  the  educational  standards  of  the  Institute,  it  will  be  a 
means  of  arriving  at  a  uniformity  most  desirable  to  pave 
the  way  for  a  reciprocal  recognition  in  each  State  of  regis- 
tration in  other  States. 

In  the  interests  of  the  greatest  public  benefit  and  of  good 
architecture,  the  standards  of  education  should  be  raised  from 
lime  to  time. 

A  registration  law  should  prove  beneficial  to  the  general 
practice  of  architecture.  It  should  not  be  designed  to  bring 
about  any  immediate  personal  benefits.     One  evidence  of  the 


good  effect  of  registration  laws  in  States  in  which  they  are 
in  force  is  that  they  are  providing  a  strong  incentive  to  would- 
be  Architects  to  secure  a  regular  architectural  course  in  a 
college  whose  diploma  will  insure  their  receiving  registration 
under  the  law.  That  incentive  leads  them  to  qualify  them- 
selves by  study  and  experience  in  an  Architect's  office  to  an 
extent  which  they  had  not  before  realized  to  be  necessary 
before  they  begin  independent  practice. 

A  person  who  is  in  bona  fide  practice  and  has  used 
the  title  "Architect"  before  the  law  went  into  effect 
should  be  allowed  to  continue  his  practice  without  interference. 
The  law  should  not  permit  him  to  demand  a  Certificate 
without  proof  of  his  competency. 

Contractors,  Engineers  or  Owners  should  not  be  forbidden 
by  a  registration  law  to  receive  building  permits  so  long  as  the 
local  or  State  Building  Ordinances  are  sufficiently  rigid  to 
assure  that  proper  drawings  are  filed.  The  law  should  not 
interfere  with  the  proper  right  of  people  other  than  Architects, 
who  are  really  qualified  to  file  drawings,  whether  made  by 
themselves  or  not,  to  do  so. 

There  are  many  structures  which  an  Engineer  can  properly 
care  for  without  the  assistance  of  an  Architect  and  there  are 
many  cases  of  small  structures,  drawings  for  which  can  he 
made  by  the  Contractor.  We  should  rely  on  this  attitude  to 
enable  us  to  cooperate  on  a  friendly  basis  with  the  engineer- 
ing profession  and  with  Contractors  who  will  ultimately 
concede  the  moral  right  of  the  Architect  to  take  care  of  all 
work  'within  his  province  provided  the  .Architect  maintains 
high  standards  of  qualifications. 

Great  importance  is  attached  to  this  view  of  the  matter, 
inasmuch  as  it  is  based  on  the  unsatisfactory  experience  of 
the  profession  in  two  or  more  of  the  States.) 

Section  2j:  An  Architect  who  has  lawfully 
practiced  architecture  for  a  period  of  more  than 
ten  years  outside  of  this  State  shall,  except  as 
otherwise  provided  in  subdivision  (b)  of  Section 
22,  be  required  to  take  only  a  practical  exami- 
nation, the  nature  of  which  shall  be  prescribed 
by  the  Board  of  Examiners  and  Registration 
of  Architects. 

{Note:  It  is  considered  desirable  to  have  a  renewal  fee, 
however  small,  to  assist  the  Board  in  inaintaining  a  correct 
list  of  registered  Architects  and  to  supply  the  profession  and 
the  public  with  such  lists;  it  ivould  be  better  to  reduce  the  fees 
for  the  examination  and  registration  than  it  tvould  be  to  omit 
the  renewal  requirement.) 

Section  24:  An  Architect  seeking  to  practice 
architecture  in  this  State,  who  is  a  citizen  of  a 
foreign  country  and  who  has  lawfully  prac- 
ticed architecture  in  such  foreign  country  for 
a  period  of  more  than  ten  years,  shall,  except 
as  prescribed  in  subdivision  {b)  of  Section  22. 
be  required  to  take  a  practical  examination, 
the  nature  of  which  shall  be  prescribed  by  the 
Board  of  Examiners  and  Registration  of  Archi- 
tects; or,  if  such  applicant  shall  have  been 
engaged  in  practice  for  a  period  less  than  ten 
years,  he  shall,  except  as  prescribed  in  sub- 
division ib)  of  Section  22,  be  required  to  take 
academic,  technical  and  practical  examina- 
tion, but  in  any  case  such  applicant  shall  file 
with  the  Board  a  bond  in  the  sum  of  five  hun- 
dred dollars,  and  such  bond  and  the  certificate 
shall  remain  in  force  for  a  period  of  three  years, 
unless  revoked  for  cause  within  such  period, 
and  shall  then  terminate  unless  a  renewal  he 
granted  by  the  Board  at  its  discretion. 

Section  2y-  The  fee  to  be  paid  to  the  Board 
by  an  applicant  for  an  examination  to  deter- 
mine his  fitness  to  receive  a  ccnificate  of  regis- 
tration as  a  registered  Architect  shall  be  ten 
dollars  (j^io). 

The  fee  to  be  paid  to  the  Board  by  an  appli- 
cant for  a  certificate  of  registration  as  a  regis- 
tered Architect  shall  be  five  dollars  {$s)- 


202 


The  fee  to  he  paid  to  the  lioard  for  the 
restoration  of  an  expired  certificate  of  rep;istra- 
tion  shall  he  five  dollars  (}55). 

The  fee  to  be  paid  to  the  Board  upon  renewal 
of  a  certificate  of  registration  shall  he  one  dollar 

1  he  fee  to  be  paid  to  the  Board  by  an  appli- 
cant for  a  certificate  of  registration,  who  is  an 
Architect  registered  or  licensed  under  the  laws 
of  another  State  or  Territory  of  the  United 
States,  or  of  a  foreign  country  or  province, 
under  subdivision  (b)  of  Section  22  or  under 
Section  23,  or  under  Section  24,  of  this  Act, 
shall  be  fifteen  dollars  (}5i5). 

Section  26:  Certificates:  Filing,  recording  and 
renewal  of  all  examination  papers  and  other 
evidences  of  qualification  submitted  by  each 
applicant  shall  be  filed  with  the  Hoard  of 
Examiners  and  Registration  of  Architects,  and 
said  Board  shall  keep  a  record,  open  to  public 
inspection,  at  all  reasonable  times,  of  its  pro- 
ceedings relating  to  the  issuance,  refusal, 
renewal,  suspension  and  revocation  of  certifi- 
cates of  registration. 

This  record  shall  also  contain  the  name, 
known  place  of  business  and  residence,  and  the 
date  and  number  of  the  certificate  of  registra- 
tion of  every  registered  Architect  entitled  to 
practice  his  profession  in  the  State  of 

Every  person  granted  such  certificate  shall 
have  the  same  recorded  with  the  County  Clerk 
of  the  Count}'  in  which  his  principal  office  for 
the  practice  of  architecture  is  located. 

(A'oie:  The  recording  of  the  Certificate  with  the  County 
Clerk  of  the  County  in  which  the  Architect's  office  is  located 
should  be  sufficient.  A  requirement  to  record  the  Certificate 
m  each  County  in  which  work  is  performed  by  the  Architect 
is  cumbersome  and  an  unnecessary  expense  and  labor. 

The  affixing  of  a  seal  of  a  registered  Architect  to  plans 
and  specifications  as  required  by  the  laws  of  some  States 
appears  to  be  an  unnecessary  and  burdensome  requiremmt) 

Section  2j:  Every  registered  Architect  in  this 
State  who  desires  to  continue  the  practice  of 
his  profession  shall,  annually  during  the  month 
of  July,  renew  his  certificate  of  registration,  and 
pay  to  the  Board  the  renewal  fee  required  by 
Section  25,  lines  12,  13  and  14,  of  this  Act. 

A  person  who  fails  to  renew  his  certificate  of 
registration  during  the  month  of  July  in  each 
year  may  not,  thereafter,  renew  his  certificate 
except  upon  payment  of  the  fee  required  by 
Section  25,  lines  9  10,  and  11,  of  this  Act. 

Every  renewal  certificate  shall  expire  on  the 
thirtieth  day  of  June  following  its  issuance. 

Section  28:  Revocation  of  Certificates:  The 
Board  of  Examiners  and  Registration  of  Archi- 
tects may  revoke  any  certificate  after  thirty 
days'  notice  with  grant  of  hearing  to  the  holder 
thereof,  if  proof  satisfactory  to  the  Board  be 
presented  in  the  following  cases: 

{a)  In  case  it  is  shown  that  the  certificate 
was  obtained  through  fraud  or  misrepresenta- 
tion. 

(i)  In  case  the  holder  of  the  certificate  has 
been  found  guilty  by  such  Board  or  by  a  court 


of  justice  of  any  fraud  or  deceit  in  his  profes- 
sional practice,  or  has  been  convicted  of  a  felony 
by  a  court  of  justice. 

(f)  In  case  the  holder  of  the  certificate  has 
been  found  guilty  by  such  Board  of  gross  incom- 
petency or  of  recklessness  in  the  planning  or 
construction  of  buildings. 

id)  In  case  it  is  proved  to  the  satisfaction  of 
such  Board  that  the  holder  of  the  certificate  is 
a  habitual  dnmkard,  or  is  habitually  addicted 
to  the  use  of  morphine,  opium,  cocaine  or  other 
drug  having  a  similar  effect. 

Section  2(j:  Proceedings  for  the  annulment 
of  registration  {i.  e.,  the  revocation  of  a  certifi- 
cate) shall  be  begun  by  filing  written  charges 
against  the  accused  with  the  Board  of  Exam- 
iners and  Registration  of  Architects.  A  time 
and  place  for  the  hearing  of  the  charges  shall  he 
fixed  by  the  Board.  Where  personal  service  or 
services  through  counsel  can  not  be  effected, 
service  may  be  made  by  publication.  At  the 
hearing,  the  accused  shall  have  the  right  to  be 
represented  by  counsel,  to  introduce  evidence 
and  to  examine  and  cross-examine  witnesses. 
The  Board  shall  make  a  written  report  of  its 
findings,  which  report  shall  be  filed  with  the 

Secretary  of  State  of  the  State  of , 

and  which  shall  be  conclusive. 

Section  jo:  Every  person  who  is  lawfullv 
making  use  of  the  title  of  Architect  in  this 
State  before  the  going  into  effect  of  this  Act, 
shall,  within  one  (i)  year  after  the  going  into 
effect  of  this  Act,  record  his  name  with  proof  of 
his  use  of  such  title  with  the  Board  of  Examiners 
and  Registration  of  Architects,  such  recording 
not  to  be  interpreted  as  evidence  of  com- 
petency or  ability  unless  applicant  applies  for 
and  is  granted  a  certificate  of  registration. 
Failure  to  record  within  such  period,  the  prior 
use  of  such  title  shall  bar  the  said  person  from 
thereafter  claiming  registration  under  the  pro- 
visions of  Section  21  of  this  Act. 

Section  ji:  On  and  after  the  passage  of  this 
Act  the  use  of  the  title  Architect  or  registered 
Architect,  or  the  use  of  any  other  word  or  any 
letters  or  figures  indicated  or  intended  to  imply 
that  the  person  using  the  same  is  an  .Architect 
or  registered  Architect,  without  compliance 
with  the  provisions  of  this  Act,  the  making  of 
any  wilfully  false  oath  or  affirmation  in  any 
rnatter  or  proceeding  where  an  oath  or  affirma- 
tion is  required  by  this  Act,  shall  be  deemed  a 
misdemeanor  punishable  with  a  fine  of  not  more 
than  Two  Hundred  Dollars  (55200.cx)),  or 
imprisonment  for  not  more  than  one  (i)  year, 
or  both. 

Section  32:  This  Act  shall  become  effective 
immediately  on  its  becoming  a  law. 

Prepared  by  the  Committee  on  Registration 
Laws  ot  the  American  Institute  of  Architects. 
W.  P.  Bannister. 
Ch.arles  H.  Bebb. 
D.  Everett  Waid. 
Richard  E.  Schmidt. 

Chairman. 


203 


Appendix  W 

List  of  Institute  Publications 


A.  I.  A.  Document  No. 


HENRY  H.  KENDALL.  PremdEM 
CHARLES  A,  FAYROT.  liT  VICE-PBESIOENT 
W«.  B.  FAVILLE.  2D  VlCE-Pflr313EHT 


>0CCCL-J^^' 


THE  AMERICAN  INSTITUTE. OF  ARCHITECTS 

THE  OCTAGON  HOUSE. "WASHINGTON.D.C. 


WILLIAM  STANLEY  PARKER.  SECRrT«»» 
D.  EVERETT  WAID.  TliUSURCII 


EDWARD  C.  KEMPER.    Executive  Secretart 


Official  Institute  Documents  of  a  Permanent  Nature 

Titles  and  Prices 


The  Journal  of  the  American  Institute  of  Architects,  Monthly,  soc;  Yearly,  to  A.  I.  A.  Members...  $3 .  50 

Yearly,  to  Non-Institute  Members.. S  ■  0° 

The  Monograph  on  the  Octagon  {Thirty  Drawings,  i3xiS,  Photographs  and  Text) 12.50 

The  Handbook  of  Architectural  Practice. -.     5.00 

The  Standard  Contract  Documents:  ■ 

Agreement  and  General  Conditions  in  Cover _ 

General  Conditions  without  Agreement 

Agreement  without  General  Conditions ■. 

Bond  of  Suretyship 

Form  of  Subcontract -  -- - 

Letter  of  Acceptance  of  Subcontractor  s  Proposal 

Cover  (heavy  paper,  with  valuable  notes) 

Complete  set  in  Cover. -. VV"Y" Vn ■■.■■..■■.. 

The  Standard  Form  of  Agreement  between  Owner  and  Architect  {Percentage  Basis). 

A  Circular  of  Information  on  the  Fee  Plus  Cost  System  of  Charges.... 

{Explanatory  of  O'Jiner-Architect  Agreement  on  fee  plus  cost  basis) 

A  Form  of  Agreement  between  Owner  and  Architect  {Fee  Plus  Cost  System).. 

A  Form  ofAgreement  between  Owner  and  Contractor  (Coj'iP/fuft'^fia^u)  {Not  ready  until  Dec.  iQig) 

Circular  of  Information  Relative  to  Cost  Plus  Fee  System  of  Contractmg 

{Explanatory  of  Contractor-Oztiner  Agreement)  {Not  ready  until  Dec.  igig) 
A  Circular  of  Advice  and  Information  Relative  to  the  Conduct  of  Architectural  Competitions..., 

Standard  Form  of  Competition  Program 

Proceedings  of  the  Convention 

.Annuary  to  Institute  Members 

To  Commercial  Firms... ■.-- -. 

Circular  of  Information  Concerning  Requirements  for  Institute  Membership 

Circular  of  Information  Concerning  Requirements  for  Chapter  Associateship : 

Constitution  and  By-laws ,  v,    v 

Standard  Form  of  Chapter  Constitution  and  By-laws. ...  

\  Circular  of  Advice  Relative  to  Principles  of  Professional  Practice,  Ihe  Canon  of  t,thics _ 

Schedule  of  Proper   Minimum   Charges 

Circular  Relative  to  the  Size  and  Character  of  Advertismg  Matter 

Model  Registration  Law 

List  of  Institute  Documents 


■14 
.  10 
.03 
.02 

■03 
.02 
.01 
.20 
.03 
Free 

$0.03 

V^' 
free 

Free 
?o.oS 
Free 
Free 
$5.00 
Free 
Free 
Free 
Free 
Free 
$.02 

Free 
Free 
Free 


For  the  convenience  of  the  members  of  the  Institute,  and  the  profession  generally,  who  use  in 
their  practice,  by  reference  or  otherwise,  the  various  official  documents  of  the  American  Institute, 
the  above  schedule  of  Titles  and  Prices  is  issued.  .,        ,        .  n-,  • 

On  single  copies  of  pamphlet  documents  postage  will  be  prepaid,  otherwise  not.  1  he  prices 
quoted  in  practically  every  case  are  to  cover  the  actual  cost  of  printing  and  handling.  The  Insti- 
tute has  no  desire  to  make  a  profit  on  documents  issued  primarily  for  the  benefit  of  the  profession. 

For  distinctly  educational  work,  and  for  Chapter  work,  no  charge  will  be  made  for  small  quanti- 
ties of  documents,  except  for  postage.  Requests  of  this  kind  should  come  through  the  Chapter 
Secretary  or  a  Committee  Chairman.  . 

Communications  and  remittances  should  be  sent  to  the  Executive  Secretary,  The  Octaeon 
House,  Washington,  D.  C. 

All  orders  are  filled  on  the  dav  received. 

\\  iLLiAM  Stanley  Parker, 

Secretary. 


204 


THE  LIBRARY 
UNIVERSITY  OF  CALIFORNIA 

Santa  Barbara 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW. 


APR  3    1989 


BETURNED  DEC  2  2 1i  18 


Series  9482 


I 


^  1205  00508  8404 


■I 


/^ 


•■■■■IBIIM 


D     000  384  579     9 


